RAHMAT ELAHI Vs. MAZHARUL HAQ AND ANR.

JUDGEMENT

(1.) RAHMAT Elahi, who has approached this Court in the present Revision under Section 25 of the Small Causes Court Act for relief, was the first defendant in Small Cause Court Suit No. 75 of 1977 instituted by Mazharul Haq, Mutwali of Waqf Sheikh Abdul Haq, as plaintiff. He is the first opposite party in this Court while S.M. Kalim, who was the second defendant in the suit, is the second opposite party. Waqf Sheikh Abdul Haq is the owner of premises No. 40/170, Makhania Bazar, Kanpur, Rahmat Elahi is a tenant of these premises at a monthly rent of Rs. 175/ -. The case of plaintiff Mazharul Haq is that Rahmat Elahi defaulted in payment of rent. Huge amount became due as arrears of rent from him since 1976. A composite notice of demand and ejectment dated July 18, 1976 was sent to him under registered cover and was personally served upon him on July 20, 1976. The notice bore no fruit. Consequently the suit, out of which arises the present Revision, was filed claiming substantial sum from him as arrears of rent and water tax and as damages. The suit sought ejectment of Rahmat Elahi on some other grounds as well. It has been asserted that the accommodation has been sublet by Rahmat Elahi, to S.M. Kalim, the second opposite party, who had been doing pairvi on behalf of Mazharul Haq in an earlier suit No. 131 of 1976 in the court of the First Addl. Munsif, Kanpur. It has further been asserted that in the reply that he gave to the combined notice of demand and termination of tenancy served upon him, Rahmat Elahi had denied the title of plaintiff Mazharul Haq as the Mutwalli of the waqf and had thus rendered himself liable for ejectment on this ground also. The plaint, after an amendment, said that after the service of the aforesaid notice of demand and termination of tenancy, Rahmat Elahi admitted some outsiders as partners in the business run under the name and style of M/s. Standard Chappal 1 in the premises in dispute. These partners were not members of the family of Rahmat Elahi. This amounted to sub -letting of the accommodation in contravention of the provision of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act (Act No. 13 of 1972) (hereafter' the Act) which were admittedly applicable to the premises in dispute. The defendants, therefore, deserve to be ejected on this ground too.

(2.) RAHMAT Elahi contested the suit. He filed a written statement. While admitting that he was a tenant of the waqf, he pleaded that Mazharul Haq was not the Mutwalli of the waqf and that till such time that it is established that Mazharul Haq was the Mutwalli of the waqf, the suit would not be maintainable at his instance. The claim of the plaintiff that he was in arrears of rent etc. had been denied. So also the fact that he has sub -let the accommodation to any one.

(3.) THE suit was tried by the 4th Addl District Judge, Kanpur. It has been decreed substantially. The decree is for recovery of the amount claimed as arrears of rent and of accrued damages as well as for the pendente lite and future damages at the rate of Rs. 175/ - per month till the date that the plaintiff obtains possession of the accommodation, after ejectment of defendants, for which relief also, the suit has been decreed. The suit has not been decreed for the relief of recovery of certain amount claimed as arrears of water tax by the plaintiff.