ASHOK KUMAR SECRETARY OM HARE KASTH & LOHA SANSTHAN AND ORS Vs. NARAIN DHARAMSHALA TRUST THRU MANAGER M. SEN CHHBRA AND ORS

JUDGEMENT

(1.) The present revision has been filed under Section 25 of the Provincial Small Cause Courts Act and is directed against the judgment dated 31-5-2007 passed by the Additional District Judge Court Room No. 1 Jhansi exercising powers of Judge, Small Causes Court in SCC suit No. 5 of 1997.

(2.) Narain Dharmshala Trust, the opposite party No. 1 herein along with Mangal Sen Chhabra, the opposite party No. 2 herein, instituted SCC suit No. 5 of 1997 against three persons namely Vijay Raj Jain, Ashok Kumar (Applicant No. 1 herein) and Jakir Hussain (Applicant No. 2 herein) for their ejectment and recovery of arrears of rent from the property situate at Jokhan Bagh, Civil Lines, Jhansi. The suit was instituted on the pleas inter alia that Vijay Raj Jain, defendant No. 1 in the suit is the tenant of the disputed premises No. 330/1B bounded by the boundaries described in the plaint at the rate of Rs. 2,000/- per month. He has not paid the rent from 1-3-1996 and has sublet the portion under his tenancy illegally without the consent of the plaintiffs, who are the landlords, to Ashok Kumar (defendant No. 2) and Jakir Hussain (defendant No. 2). The tenancy of the chief tenant Vijay Raj Jain has been determined by means of a notice dated 1-3-1997 served on 2-3-1997.

(3.) The suit was contested by the defendant No. 1 by denying the plaint's allegations regarding subletting. However, the relationship of landlord and tenant in between himself and the plaintiffs was not disputed. It was also admitted that plaintiff No. 2 is the Manager of plaintiff No. 1 and the plaintiff No. 1 is a religious Trust. A separate written statement was filed on behalf of defendant No. 2 who came out with a case that he is direct tenant of plaintiffs since 1-1-1995 on monthly rent of Rs. 150/- with respect to two rooms of the disputed premises. Similarly, the defendant No. 3 also pleaded that there is direct relationship of landlord and tenant in between himself and the plaintiffs.