SHAHID ALIS Vs. JUDGE SMALL CAUSES COURT MORADABAD

JUDGEMENT

(1.) This is tenants' writ petition for quashing the judgment and decree dated 28.8.89 passed by Judge. Small Causes Court. Moradabad, respondent No. 1 and confirmed by the judgment dated 11.5.90 passed by Xllth Additional District Judge. Moradabad, respondent No. 2.

(2.) Respondent No. 3, the landlord, filed suit for rent and ejectment against the tenants/petitioners seeking eviction on two grounds, namely ; that defendant No. 1 has sub-let a portion of the tenanted accommodation to defendant No. 2 and that the tenant has constructed a new partition wall in the said house in November, 1975 dividing the accommodation in two separate portions and thereby the value and utility of the building have been diminished and the same has also disfigured the building.

(3.) The defence was that no portion has been sub-let to defendant No. 2 who is his real younger brother and he has been in occupation since the inception of tenancy. The allegation of causing material or structural alteration was also denied and according to him in the year 1975 in rainy season the western wall of the house fell down and due to its fall old latrine and bathroom towards north-west portion of the house and kotha towards south-west portion also fell down. When the defendant asked the plaintiff to get the necessary repairs done, he allowed defendant No. 1 to carry out repairs himself and the partition wall was erected with old material and bricks in the presence and under permission of the landlord.