SHIV NARAIN Vs. HAR SWAROOP

JUDGEMENT

(1.) HAVING lost from the two Courts below the plaintiff of the SCC Suit No. 147 of 1997 has prayed this Court by means of pre sent petition for quashing of the two orders dated 15.9.2000 passed by the JSCC Agra and the judgment and order dated 7.9.2002 passed by the Revisional Court in Revision No. 70 of 2000. The facts of the case may be noted in brief.

(2.) THE petitioner instituted Suit No. 147 of 1997 against the sole respon dent therein on the allegations that both of them are original residents of Village Verrai Tehsil Khairagarh, District Agra and are related with each other. THEre is a pakka house in the Village Veerai of the petitioner which he got in the registered family partition in the year 1941, in pursuance of an award by the arbitrator dated 11.5.1941. THE plaintiff is pursuance of the aforesaid award of the arbitrator and partition\is the exclusive owner in possession of a double storeyed pakka house described at the foot of the plaint. THE said house was let out to the defendant respondent herein on a monthly rent of Rs. 50/-. THE defendant tenant is in arrears of rent since August, 1993 and that the provi sions of U.P. Act No. 13 of 1972 are not applicable to the said house as it is situ ate in a rural area. THE tenancy has been determined by the notice dated 2.9.1972 which was served on the defendant on 16.9.1997. Ejectment of the de fendant's, recovery of arrears of rent for the last three years and the damages pendente lile and future @ Rs. 100/-, was claimed. THE said suit was contested by the defendant by denying the relationship of landlord and tenant between the parties. He claimed that under the said award of the arbitrators and fam ily partition, the house in dispute was not allotted to the plaintiff and he is not the owner and possession of the said house. THE plea of arrears of rent etc. was also disputed. In paragraph-12 of the written statement a pedigree has been given to show that both the parties are descendants of a common ancestor Raja Ram, who died in the year 1939 and was married twice.

(3.) THE aforesaid order has been confirmed by the Court below. It has dis carded the theory as set up by the petitioner that there was a relationship of landlord and tenant between the parties. It confirmed the findings recorded by the Trial Court as they according to the Revisional Court, are based on correct appreciation of the evidence on record.