SMT. GANGA DEVI Vs. RAMESH CHANDRA VERMA

JUDGEMENT

(1.) This is a defendants revision filed against a judgment of the Additional District Judge, Mainpuri dated 13-1-1978 rejecting a revision of the defendant filed under Sec. 25 of the Provincial Small Causes Courts Act.

(2.) Ramesh Chandra Varma was the Owner and landlord of shop No. 1833 Situate in Mohalla Debi Road, Mainpuri-The shop had been let out to Shri Ram Saxena, the husband of the defendant-applicant, at a monthly rent of Rs. 50.00. On 28-8-74 Shri Ram Saxena died leaving behind Smt. Ganga Devi as his sole heir. As the rent of the shop in dispute had not been paid since Sept. 1, 1972, in spite of several demands, the plaintiff terminated the tenancy of the defendant by a notice by which she was also called upon to pay the arrears of rent. The defendant neither vacated the shop nor paid the arrears of rent. Thereafter, the plaintiff filed the suit on two grounds. These grounds were (1) default in payment of arrears of rent, (2) illegal sub-letting. The defendant admitted that she was a tenant of the shop in dispute but denied that she was either in default or had sub-let the shop as alleged by the plaintiff. She also claimed that the suit was bad for non-joinder of necessary parties.

(3.) On the pleadings of the parties, as many as seven issues were framed. All the seven issues were found in favour of the plaintiff. The Judge Small Cause Court, which was the trial court, held that the defendant had illegally sub-let the shop and as such was liable to eviction. The finding of the default in payment of rent was also recorded against the defendant.