SUMIT NARAIN TIWARI Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard Sri Udayan Nandan, learned counsel for the defendant-petitioner, Sri Atul Dayal, learned Senior Advocate assisted by Sri Sanjay Kumar Srivastava and Sri P.N. Saxena, learned Senior Advocate for plaintiff-respondent Nos. 2 and 3.

(2.) Briefly stated facts of the present case are that original owner and landlord of the disputed House No. 13/80, Parmat, Kanpur Nagar, was Sri Badri Das. The plaintiff-respondent no.3 is the adopted son of the aforesaid original owner. A registered adoption deed dated 22.11.1946 was executed by the original owner Sri Badri Das for adoption of the plaintiff-respondent no.3, Radhey Shyam Bagariya. Subsequently, the original owner Badri Das also executed a registered Will deed dated 10.11.1951.

(3.) Much prior to the year 1962 one Sri Dhani Ram Gupta alias Brahmanand was the original tenant of the plaintiff-respondent no.3. Sometime in the year 1962, he permitted Roop Narayan Tiwari (Grand father of the petitioner-defendant) to use the disputed premises. The original tenant filed Suit No.2426 of 1965 (Brahmanand v. Roop Narayan) for ejectment of the aforesaid Roop Narayan Tiwari alleging him to be his lisensee and for recovery of mesneprofit. In this suit the plaintiff-respondent no.3 was not a party. This suit was dismissed by the court of IIIrd Additional Munsif, Kanpur by judgment dated 11.12.1968, holding that the defendant Roop Narayan Tiwari was a sub tenant and not a licensee. Subsequently, the plaintiff no.1/respondent no.3 through his power of attorney Sri Surajbhan Bagariya filed a Suit No.2055 of 1972 for ejectment of the original tenant Dhani Ram Gupta. The plaint was returned by the court by order dated 31.1.1976 for presentation before a proper court.