PRABHAT SHARMA Vs. HARI SHANKAR SRIVASTAVA

JUDGEMENT

(1.) V.K. Mehrotra, J.-Hari Shankar Srivastava is the owner-landlord of house No. 888, Dariyabad, Allahabad. Prabhat Sharma, the first applicant lives in that house as a tenant along with Smt. Savitri Sharma, Arvind Sharma, Kumari Vandana and Kumari Sushma. Smt. Savitri Sharma is his mother. Mamta Sharma. who is the second applicant, is the wife of Hari Krishna Sharma through whom Prabhat Sharma has filed the present revision. He is brother-in-law of Prabhat Sharma.

(2.) SUIT no. 32 of 1981 instituted by Hari Shankar Srivastava against Smt. Savitri Sharma and others for recovery of arrears of rent and for their eviction was decreed by the 4th Addl. District Judge Allahabad exercising powers of Judge, Small Cause Court on August 17, 1982. Civil Revision no. 647 of 1982 filed against this decree was dismissed by this Court on December 8, 1982. On the prayer made on behalf of the counsel for the applicant in that case for grant of some time to vacate the accommodation, the court granted two months further time, apart from the time already granted by the trial court for the purpose, "provided the applicants give undertaking in writing in the court below within two weeks that they would deliver the vacant possession to respondent no. 1 immediately on the expiry of two months........." The undertaking was filed on December 23, 1982 but the accommodation was not vacated within the time allowed by this Court.

(3.) SRI Janardan Sahai appeared on behalf of the applicants. He confined the case to the objection relating to Prabhat Sharma alone. The only submission made was that the conclusion arrived at by the court below that Prabhat Sharma was not a person of unsound mind had not been arrived at in accordance with law and deserved to be set aside. Prabhat Sharma, according to his submission, being a person of unsound mind deserved to be treated at par with a minor and a guardian should have been appointed for him. Since it was not done, the decree in suit no. 32 of 1981 was a nullity as far as Prabhat Sharma was concerned. It could not be executed against him.