MAHENDRA NATH Vs. KRISHNA MURARI GARG (SINCE DECEASED)

JUDGEMENT

(1.) The instant second appeal is directed against the judgment and order dated 20.3.2018 passed by Additional District Judge, Court no. 4, Kanpur Nagar in Civil Appeal No. 144/12 (Mahendra Nath v. Krishna Murari Garg) and others whereby the learned lower appellate court has dismissed the appeal and has confirmed the judgment and order dated 3.10.2012 passed by Civil Judge, (Junior Division), City, Kanpur Nagar, in Original Suit No. 166/74 of 2006 (Mahendra Nath Vs. Krishna Murari and others).

(2.) Heard learned counsel for the plaintiff-appellant and learned counsel for the caveator/respondents on the point of admission and perused the available record.

(3.) The facts in brief giving rise to the litigation between the parties are that the plaintiff-appellant, Mahendra Nath moved an application before the trial court, i.e. Civil Judge, (Junior Division), Kanpur Nagar, under Order 21, Rule 97 C.P.C. stating therein that he is the tenant of the disputed premises including a garage, tin shed and khaprail shed, situated at the ground floor of house no. 96/6 Chandrika Prasad Bagh, Kanpur Nagar, at the monthly rent of Rs. 10.00 per month. Prior to him, one Ram Sewak Nai, was the tenant in the said premises. After the tenanted portion of the house was vacated by Ram Sewak Nai, the applicant filed an allotment application before the Rent Control Officer, Kanpur Nagar, which was allowed on 2.1.1984 and the applicant obtained possession of the tenanted accommodation. Since then, he is living as a tenant in that house. The landlord Krishana Murari Garg (defendant respondents) filed application for cancellation of allotment which was dismissed on 11.8.96. Therefore, the applicant became the legal tenant of disputed accommodation. The applicant (tenant) tried to give rent to the landlord, but when he refused to receive it and also refused the money order sent by the applicant to him, the applicant started depositing the rent under Sec. 30 (1) of U.P. Urban Buildings Act No.13 of 1972 in the court of Civil Judge (Junior Division), Kanpur Nagar.