SUSHILA Vs. FOURTH ADDL DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) J. C. Gupta, J. This writ petition by the tenant is directed against the judgment and order dated 15-2-1992 of the revisional Court, respondent No. 1, whereby the judgment of the trial Court has been reversed and the plaintiff's suit for recovery of rent and ejectment has been decreed against the petitioner.

(2.) THE facts relevant in brief are that respondent No. 2 is the landlord of the disputed premises and late Ganga Charar, Bari, the predecessor-in-interest of the petitioners was the tenant at the rate of Rs. 100/- per month. It is not disputed that rent upto 30-9-82 was paid by late Ganga Charan Bari to the plaintiff on different dates. As per the plaint allegations there after no rent was paid by Ganga Charan Bari and rent became due from 1-10-82. THE plaintiff demanded the arrears of rent from late Ganga Charan by serving a notice on him on 25-6-85. By the same notice the tenancy was also determined. Since the notice did not evoke any response, the landlord respondent filed suit for eviction of the petitioners on the ground of default. It may be mentioned here that before the filing of the suit Ganga Charan Bari died on 25- 6-83, hence suit was filed against his legal representatives, L e. , the present petitioners.

(3.) PARTIES' Counsel were heard at length. Records have also been perused.