SUVARNA ANAND ALIAS GONI Vs. RAM CHANDRA SHARMA

JUDGEMENT

(1.) THIS is a defendants' revision filed against the decree and judgment dated 20-8-77 of Ilnd Additional District Judge, Gorakhpur in Civil Revision No. 27 of 1976 dismissing the revision and thus confirming the decree and judgment dated 6-1-76 of Judge, Small Cause Court in Original Suit No. 84 of 1967 by which the plaintiff's suit for ejectment from the shop in dispute was decreed and the suit for recovery of arrears of rent amounting to Rs. 840/- and for mesne profits at the rate of Rs.40/- p. m. were also awarded.

(2.) PLAINTIFF brought a suit for ejectment and recovery of arrears of rent at the rate of Rs. 40/- p. m. on the allegation that the original defendant Amarnath was the tenant of the shop on the monthly rent of Rs. 40/- p. m. He claimed himself to be the owner of the shop. It was further pleaded that the defendants did not pay rent since 1-4-65 and a notice of demand and termination of tenancy was duly issued to him which was refused.

(3.) THE same three pleas have been urged before me in this revision. On the point of guardianship it may be stated that a clear prayer for appointing mother as a guardian of the other two minors was made and there was also order of the court on the order-sheet appointing the-mother as a guardian. THEre is thus no force in this contention. As regards rejecting the prayer for adjournment it has not been shown as to how the lower revisional court has committed any error of jurisdiction in deciding this point. THE case was filed in 1967 and was already pending for about 9 years when the date 6-1-76 could be fixed for final hearing. THE trial court did not consider the ground for adjournment sufficiently and as such had full jurisdiction in rejecting the prayer for adjournment.