RAM CHANDRA SINGH Vs. RAM SARAN

JUDGEMENT

(1.) THIS second appeal Arises out of the judgment and decree dated 25th Nov, 1964, passed by the Civil Judge. Deoria in Civil Appeal No. 109 of 1964.

(2.) THE facts leading to this appeal can briefly be stated as under :- Ram Chandra Singh and Ram Lakhan Singh, appellants, filed a suit for recovery of possession over the premises shown by letters A B C D in the site-plan attached to the plaint and for recovery of Rs. 628.20 as arrears of rent and damages for use and occupation. It was alleged that Jai Narain, defendant- respondent No. 1 as Karta of the defendant' s family took the house in question on rent about 20 years ago. THE plaintiffs-appellants having half share in the house in suit got it partitioned by means of a partition suit No. 2 of 1955 and obtained separate possession over the same. By virtue of the partition decree, the plaintiffs-appellants became entitled to recover half of the rent which they demanded from the defendants-respondents, but the latter did not pay any heed. It was further alleged that the plaintiffs-appellants, therefore, served on them notice under S. 3 of the U. P. Control of Rent and Eviction Act and S. 106 of the T. P. Act to determine their tenancy. It was on this premise that the plaintiffs asked for the aforesaid relief. THE suit was resisted by the respondents, inter alia, on the ground that the house in suit was let out to them by one Ram Padarath Khagi as landlord and that the plaintiffs-appellants were not their landlords and were not entitled to the decree asked for. THE other issues framed in the case referred to questions of fact and the findings thereon were not assailed before me.

(3.) FEELING dissatisfied with the decree of the lower appellate Court, the plaintiffs have come up in appeal before this Court.