M C BATRA Vs. LAKSHMI INSURANCE CO LTD

JUDGEMENT

(1.) THIS is an application under Section 115, Civil P. C. for the revision, of a judgment of the learned Civil Judge of Lucknow dated 5-1-1955. The circumstances in which the application is made, as found by the learned Judge, are these : some years prior to the year 1950 the applicant became the tenant of the first Boor of premises no. 30, Hazratganj, Lueknow for which he paid a monthly rent of Rs. 137/8/ -. In August 1950 the applicant, with the permission of the Rent Control and Eviction Officer, Sub-let a portion of this floor to the Reliable Water Supply Services of India Limited (herein called the Supply company) at a rental of Rs. 75/- a month. In January 1952 the Lakshmi Insurance Company Limited (herein called the Insurance company) purchased the entire premises No. 30, Hazratganj, from the then owners. Up to that date the rent of the first floor amounting to Rs. 137/8/- had been paid by the applicant to the then owners of the premises, but from February 1952 the applicant paid to the Insurance Company rs. 62/8/- a month arid the Supply Company paid as vent the sum of Rs. 75/- a month.

(2.) ON 13-10-1953, the Supply Company vacated the portion of the first floor occupied by it, and delivered vacant possession to a firim of contractors who had been engaged by the Insurance company to effect certain alterations in the premises. The applicant and certain other tenants objected to the work which was being done by the contractors and on 21-10-1953, without the knowledge of the Insurance Company, the applicant took forcible possession of the premises which had been vacated by the Supply Company and has since remained in occupation thereof,

(3.) THE Insurance Company then filed a suit against the applicant under Section 9, Specific Relief act for recovery of possession of that portion of the first floor from which it had been ousted by the applicant, and by the judgment which is the subject of the present application that suit was decreed with costs.