LAWS(ALL)-1998-12-65

BISHAN CHANDS Vs. DISTRICT JUDGE ALIGARH

Decided On December 14, 1998
BISHAN CHAND Appellant
V/S
DISTRICT JUDGE, ALIGARH Respondents

JUDGEMENT

(1.) This is landlord's petition.

(2.) The dispute relates to House No. 9/49 situated in Ahata Nidhan Singh, Talab Sabir Khan, Aligarh, whose previous owner was one Smt. Pratlbha Rani before the said properly was purchased by the petitioners through registered sale deed dated 4.11.1981.

(3.) Smt. Pratlbha Rani filed S.C.C. Suit No. 876 of 1972 against her tenant Narendra Kumar alleging that the tenant has sub-let the house to Ram Kishore Gupta, the father of respondent No. 3 and husband of respondent No. 4. Ram Kishore Gupta who was impleaded as defendant No. 2 in the said suit filed written statement admitting the ownership of Smt. Pratibha Rani. However, his defence was that the house in question was taken on rent on behalf of joint Hindu family and he being a member of the family also became a tenant of the plaintiff Smt. Pratibha Rani and, therefore, there has been no sub-letting and suit for eviction was liable to be dismissed.