RADHA DEVI SAHU Vs. INDRA BAHADUR SINGH

JUDGEMENT

(1.) THE S.C.C. Suit No. 80 of 1998 was filed by the present petitioner namely Smt. Radha Devi Sahu alongwith Beni Prasad for recovery of arrears of rent and ejectment against Devendra Bahadur Singh (who has died during the pendency of the litigation) and his brother Indra Bahadur Singh who is respondent No. 1, herein. THE suit was instituted on the pleas inter alai that Devendra Bahadur Singh was the tenant of house No. 300B, Attarsuiya, Allahabad, who is in arrears of rent amounting to Rs. 6,456 and whose tenancy has been determined by a notice dated 15th of June, 1998. During the pendency of the said suit Beni Prasad, the co-plaintiff, expired. It was stated by Smt. Radha Devi, the other co-plaintiff, that the property in dispute has been gifted by Beni Prasad in her favour by means of registered gift deed dated 9th of February, 1996.

(2.) THE suit was not contested by Shri Devendra Bahadur Singh. It was contested only by Indra Bahadur Singh. He claimed the relationship of landlord and tenant in between the plaintiff No. 1, i.e., Beni Prasad (who has died) and himself. In other words, he claimed tenancy in his own right and denied the plaint allegations that the house in dispute was let out to his brother Devendra Bahadur Singh and he has sublet it to him. THE fact that he has taken a house of U. P. Avas Evam Vikas Parishad under Jhunsi Avas Yojna was admitted with the rider that presently the said house is not ready for occupation.

(3.) NONE appeared on behalf of the contesting respondent even in the revised list.