RAGHUBIR SARAN Vs. JAIN O P ADDL MUNSIF

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution is an offshoot of a litigation between a landlord and his tenants. The petitioner is the tenant and was one of the defendants in a suit filed by the landlords for arrears of rent and eviction of the tenants. Sri Debi Sahai Gupta, the opposite party No. 3, is the landlord and Sri Gopal Swamp, the opposite party No. 2, is his minor son.

(2.) SRI Debi Sahai and his son, Gopal Swarup, filed a suit which is now pending in the court of the 1st Additional Munsif, Bulandshahr. As stated above, the suit was for the recovery of arrears of rent and for the ejectment of the tenants including the petitioner from a shop of which the opposite parties Nos. 3 and 2 claim to be the owners. The petitioner as well as the remaining two defendants resisted the suit on the ground that the petitioner, and not the opposite parties Nos. 3 and 2, was the landlord.