JAMILUDDIN Vs. SHAMSUDDIN

JUDGEMENT

(1.) Heard Sri Haidar Husain, learned counsel appearing for the defendant-revisionist and Sri K. M. Dayal, Senior Advocate, appearing for the plaintiff-opposite party.

(2.) While hearing this revision, a learned Single Judge concluded that on the question whether one common suit for eviction of a tenant from two separate tenements is maintainable there is dissonance between the two single Judge decisions rendered in Ram Chandra v. Judge, Small Cause Court, Farrukhabad, reported in (1984) 1 All Rent Cas 138 : (1984 All LJ 143) and Smt. Samundari Devi v. Shanti Prakash Gupta, reported in 1986 (UP) RCC 561. According to the learned single Judge, views similar to the one expressed in the case of Smt. Samundari Devi v. Shanti Prakash Gupta (supra) were also expressed by another Single Judge in Devesh Chandra Gupta v. Dina Nath, reported in (1992) 1 All Rent Cas 3 : (AIR 1992 All 115).

(3.) Therefore, at the behest of the learned single Judge, the matter has been referred to this Bench by the order of the Hon'ble the Chief Justice dated 12-4-1997 for resolving the discord.