KASIM Vs. UMA DEVI

JUDGEMENT

(1.) HEARD Sri Rishikesh Tripathi, counsel for petitioner and Sri A.C. Srivastava, counsel for caveator/respondent.

(2.) THIS is tenant's petition arising out of J.S.C.C. Suit No.34 of 1998 Smt. Uma Devi Vs. Kasim. Landlady/respondent purchased house nos.71/2 and 73/1 situated in Mohalla Chaudharayana, Jhansi by means of registered sale deed dated 19.1.1996 from previous owner Uma Shanker Pathak.

(3.) THE Judge Small Causes Court dismissed the suit vide judgment and order dated 1.12.2003 holding that demand notice claiming rent for the period prior to date of notice is invalid, therefore, landlady was not entitled to institute a suit for eviction on the basis of said notice, which was held to be illegal. However, finding on the question of subletting by Judge Small Cause Court was that Munni Bai is not a tenant but she was permitted by existing tenant to occupy accommodation, which was purchased by present landlady by means of sale deed dated 19.1.1996 and thus agreed with the landlady's contention that one room was sublet to Smt. Munni Bai.