LAWS(ALL)-1999-5-156

HAR SWARUP NIGAM Vs. DISTRICT JUDGE ALLAHABAD

Decided On May 15, 1999
HAR SWARUP NIGAM Appellant
V/S
DISTRICT JUDGE, ALLAHABAD Respondents

JUDGEMENT

(1.) This is landlord's petition.

(2.) The dispute relates to premises No. 5-A Elgin Road, Allahabad which is a part of premises No. 5 Elgin Road. Allahabad. The petitioner is the landlord of the same wherein respondent No. 3 is a tenant at the rate of 21.25 paise per month. Suit for ejectment and for recovery of arrears of rent and damages was filed by the petitioner against the tenant respondent No. 3 on Small Cause Court side, inter alia, on the grounds that the tenant committed default in payment of rent, that the tenant and its Chaukidar will fully cause substantial damage to the tenanted building thereby diminishing its value and utility and causing its disfiguration ; that the tenant has sublet the tenanted accommodation without the consent of the landlord ; that the tenanted accommodation was being used by the tenant for the purpose other than for which the same was let out and that the petitioner has denied the title of the landlord and has renounced his character as tenant.

(3.) Suit was contested by the defendant respondent No. 3 and the plaint allegations were denied.