GYAN PRAKASH MISRA Vs. V L VERMA

JUDGEMENT

(1.) THIS is a revision under Section 25 of the Provincial Small Causes Courts Act, 1887 against the judgment and order dated 25.5.1990 passed by Sri R. P. Shukla, Xllth Additional District Judge. Kanpur Nagar allowing plaintiff's application under Order XV, Rule 5 of the Code of Civil Procedure in Suit No. 83 of 1988 for ejectment and recovery of arrears of rent. It has been prayed that the order dated 25.5.1990 by the learned Judge may be set aside.

(2.) THE brief facts, which have given rise to this revision, are these : It appears that the property in dispute was owned by two brothers, namely, V. L.Verma and S. L. Verma and rent was payable to both persons. It further appears that S. L.Verma died and the rent is alleged to have been paid to S. L. Verma's heirs. THE rent was due from 1.4.1986 to 19.9.1986. THEre is also a notice given by Sri S. L. Verma on 11.3.1988 to Gyan Prakash regarding the payment of arrears of rent, as well as also terminating the tenancy. THEre is another notice given by Sri V. L. Verma to the tenant regarding handing over vacant possession of the shop to the landlord within stipulated time as mentioned in the notice and also to pay the arrears of rent. In this notice, Sri S. L. Verma was described as co-owner of the house in dispute.

(3.) IN the facts and circumstances of the case, I am of the view that there is a valid payment to the heirs of S. L. Verma and this payment was made after entertaining the reasonable belief that they are co-owners/landlords and as such the impugned order in this revision would not be liable to be sustained and is set aside.