RAMESH CHANDRA Vs. IIIRD ADDITIONAL DISTRICT JUDGE AGRA

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the parties.

(2.) THIS is tenant's writ petition arising out S. C. C. Suit No. 39 of 1985 filed by landlord Arjun Singh- respondent No. 3 in this writ petition against petitioner-the main tenant and respondents No. 4 to 6-the sub-tenants. Eviction was sought on the ground of default, material alteration and sub-letting. Additional J. S. C. C. , Agra decided all the issues in favour of the tenant and dismissed the suit on 29-7- 1997. Against the said judgment and decree, landlord respondent filed civil revision (ought to be S. C. C. Revision) No. 193 of 1999. IIIrd Additional District Judge, Agra, through judgment and order dated 6-4- 2000, allowed the revision and decreed the suit for eviction only on the ground of sub-letting. In respect of default, both the Courts below gave benefit of Section 20 (4) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, to the tenant as on the first date of hearing the tenant had deposited entire arrears of rent etc. Revisional Court permitted the landlord to withdraw the said amount. Rent/damages @ Rs. 600/- per month (as against the agreed rent of Rs. 220/- per month) were also awarded by the Revisional Court pendente lite and future till eviction. THIS writ petition by the chief-tenant is directed against order dated 6-4-2000.

(3.) THE tenancy in between the ancestors of the petitioner-chief- tenant and landlord respondent is continuing since before 1958. In the Year 1958, Rameshwar Nath, Advocate, was appointed as receiver over the property of the then landlord owner including property in dispute. On 30-5-1958, receiver entered into an agreement of tenancy with the ancestors of the chief-tenant, i. e. M/s. Babulal Gauri Shanker, true copy of the said agreement is Annexure-1 to the writ petition. In the agreement, it is mentioned that by virtue of order dated 26-10-1957 passed by the Civil Judge and with the consent of all the parties, who are joint owners of the premises, the said agreement was being executed by the receiver on behalf of the owners-landlords. In the said agreement, it was mentioned that tenants had made constructions over the premises from their own money and cost of the said construction amounting to Rs. 6,000/- would be deducted from the monthly rent, which was agreed to be Rs. 100/- per month. It was also agreed that at the time of eviction, tenants would not be entitled to remove any of the constructions made by them. It was also mentioned that tenants would be entitled to make any further addition and construction in the tenanted premises. Under Clause 6, it was specifically provided that tenants should not be entitled to sub-let the premises to any one else.