AYUB ALI Vs. TAHIR AHMAD KHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS is tenant's writ petition arising out of suit for eviction on, the ground of default and for recovery of arrears of rent instituted by respondent No. 1 against him in the form of S. C. C. Suit No. 2 of 1984. J. S. C. C. /civil Judge, Pilibhit decreed the suit through judgment and decree dated 24. 10. 1986. Against the said judgment and decree tenant-petitioner filed S. C. C. Revision No. 45 of 1986 which was dismissed on 7. 10. 1989 hence this writ petition. The first dispute in between the parties was regarding rate of rent. Landlord asserted that it was Rs. 75/- per month however, tenant asserted that it was Rs. 50/- per month. Both the Courts below decided the said question in favour of the tenant and held that the rate of rent was Rs. 50/- per month.

(3.) THE other contention raised by the tenant was that apart from him Mohd. Yusuf Ali also was the tenant. However, the contention was not accepted by the Courts below. Even otherwise no effect will be made on the decree for eviction and recovery of arrears of rent even if it is held that Mohd. Yusuf Ali was also joint tenant. The Supreme Court in Harish Tandon v. A. D. M. 1995 (25) ALR 184 (SC), and A. C. Juker v. K. P. Mantri 2002 (47) ALR 37 (SC), has held that after the death of tenant, his heirs inherit the tenancy jointly and notice of termination of tenancy given to one of the joint tenants is sufficient similarly decree for eviction passed against one joint tenant is binding upon the other non impleaded joint tenants.