JAGDISH KOTIA Vs. NAND KISHORE ALIAS NANDU

JUDGEMENT

(1.) AT the time of hearing no one appeared for respondents hence only the arguments of learned Counsel for petitioner were heard.

(2.) THIS is landlord's writ petition.

(3.) PETITIONER landlord filed S. C. C. Suit No. 106 of 1995 against the respondents nos. 1 to 3 for eviction and recovery of arrears of rent before J. S. C. C. Jhansi. It was alleged in the plaint of the suit that initially Dansa Nai (barber) was the tenant of the shop in dispute rent of which is Rs. 15/- per month, that after death of Dansa Nai his son Bishan Sen defendant-respondent no. 1 became tenant, it was further alleged that shop had been sub let to defendant respondent Nos. 2 and 3 who are father and son. The defendant respondent no. 2, Nand Kishore is father and defendant respondent No. 3 rakkhu Sen is son of Nand Kishore. Defendant respondent No. 2 Nand Kishore contested the suit and stated that since before the death of Dansa Nai his son bishan Sen had separated from him and Nand Kishore being sister's son of dansa Nai was doing business from shop in dispute alongwith Dansa Nai during his life time and independently after his death.