ASHOK KUMAR Vs. IVTH ADDITIONAL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India, has been filed by the petitioner for quashing the order dated 16.12.1994 passed by the IVth Additional District Judge, Allahabad in Civil Revision No. 198 of 1994 and further for a direction in the nature of mandamus commanding the respondents not to decide the revision finally without remanding back the same to the trial court. The petitioner has been filed by the tenant.

(2.) The brief facts as stated in the writ petition are that the landlord, namely, Smt. Ram Kumari, filed Suit No. 48 of 1990 against the petitioner. Ashok Kumar, for ejectment from a room of premises No. 27/1, Clive Road, Allahabad and for recovery of Rs. 6,200 as arrears of rent and Rs. 350 as damages. It was stated in the plaint filed by the respondent No. 3 that she purchased the premises in question from Chandra Kishore and Nand Kishore sons of late Ram Charan through a registered sale deed dated 1.6.1989 and got possession thereof. It was pleaded further in the plaint that there are three rooms and open land in the land out of which one room 14' x 10' was given on rent to the petitioner from the time of erstwhile owner, namely. Chandra Kishore and Nand Kishore. It was further stated in the plaint that at the time of purchasing the house, it was agreed between the petitioner and the respondent No. 3 (Smt. Ram Kumari) plaintiff of the suit that after two or three months, the petitioner shall vacate the room in her favour but as the petitioner did not do so. therefore. the rent was agreed to be enhanced from Rs. 250 to Rs. 350 per month. But when the plaintiff's husband demanded the rent, the petitioner refused to pay the same inspite of the notice of demand through registered post and is disfiguring the premises in dispute and has opened the door by demolishing the wall. Hence the suit was filed.

(3.) The suit was contested by the petitioner by filing written statement wherein he denied the title of Nand Kishore and Chandra Kishore, erstwhile owner and also relationship of Chandra Kishore and Nand Kishore as landlord and tenant. He pleaded that he is the tenant of Hari Shanker and Shiv Shanker on payment of Rs. 200 per month and he was continuously paying the rent. He had taken the electric connection by showing House No. 23/29. Clive Road, Allahabad and he is running Banti Steel Works. It Is further pleaded that the respondent has given Incorrect number of the premises as 27/1. Clive Road, Allahabad. Its real and correct number is 23/29, Clive Road, Allahabad, which belongs to Shiv Shanker and Hari Shanker, sons of Prithvi Pal as well as Raja Ram. The service of notice was specifically denied by the petitioner.