RADHEY SHYAM GUPTA Vs. DR. JAWAHAR LAL BHATIA

JUDGEMENT

(1.) THIS order will also dispose Civil Revision No. 404 of 1987 (Dr. Jawahar Lal Gupta v. Radhey Shyam Gupta). This revision has been filed by the tenant under Section 25 of Provincial Small Causes Court Act against judgment and decree dated 11.2.1987 passed by J.S.C.C. (IInd Additional District Judge), Kanpur Nagar in S.C.C. Suit No. 83 of 1981 decreeing the suit with proportionate costs for rent, damages and eviction against the defendant.

(2.) THE revision No. 404 of 1987 has been filed by the landlord regarding the finding given against him.

(3.) THE only ground which has been argued by the learned counsel for the revisionist Shri S.M. Dayal is that since there were three tenancies and one consolidated notice (Annexure No. 1) is bad in law and lower court while deciding issue No. 2 on this aspect is not sustainable in law. The lower court observed that since the rent was being paid in consolidative mode for all accommodation in question and four accommodation are held in possession of the tenant and as such though there may be by different contracts yet the rent is being paid consolidatedly and as such suit can be brought and suit is not bad for multifarious causes of action. Shri Dayal has quoted judgment of this Court in Ram Chandra v. Judge, Small Cause Court, Farukhabad and others, 1984 (10) ALR 191. The Hon'ble Court was of the view that if the tenant is holding two tenaments it cannot be treated single unit and the suit is not maintainable when the agreement of tenancy are different even if the two tenaments are in one building.