HARI GOPAL Vs. VIJAY KUMAR AND OTHERS

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS petition by the landlord is directed against a judgement and order dated 22.10.2005 whereby the Additional District Judge, Bijnor has allowed the revision of the respondent-tenant setting aside the order of eviction passed by the trial court.

(3.) AGGRIEVED , the respondents-tenant preferred a revision no. 21 of 2004 which has been allowed holding that since the respondent no. 5 was son of the daughter of Late Ram Niwas and was looking after mentally challenged respondent no. 3 and 4, he would not be deemed to be a sub-tenant but only a guardian. The Revisional Court went on to hold that once an order under section 30 (1) had been passed in favour of the tenants who had deposited the rent, the trial court had erred in holding that the tenants have failed to prove legal deposit and thus, it set aside the eviction decree and allowed the revision.