MAYA DEVI Vs. IVTH ADDL DISTRICT JUDGE

JUDGEMENT

(1.) YATINDRA Singh, J. This is a tenant's writ petition against the order dated 25. 11. 1981 passed by Respondent No. 1 allowing the revision and decreeing the suit of the landlord.

(2.) RESPONDENT Nos. 2 and 3 are the plaintiffs in suit. They filed a suit for the ejectment of Defendant Nos. 1 and 2, inter alia, on the ground that initially one Vish nu Vallabh, father of Plaintiff No. 2 was owner and landlord of the property in dis pute and his wife Smt. Sushila Bai had executed a saletdeed in favour of Plaintiff No. 1 and as sifch the Plaintiff No. 1 be came owner and the landlord of the premises in dispute. It was, however, alleged that initially Rudra Dutt was the tenant of the premises. After his death Maya Devi, Defendant No. 1, became the tenant. She has illegally let out the premises to one Moti Ram. Maya Devi did not contest the suit. Moti Ram filed a written statement alleging that Vishnu Vallabh was not the owner of the premises in dispute. He could not execute the sale-deed in favour of Plaintiff No. 2. He further alleged that he was owner of the premises in dispute.

(3.) IF the findings given in suit No. 478 of 1964and Civil Appeal No. 50of 1969are not res judicata and are excluded from consideration, then the trial Court had given its finding considering the evidence on record that there was no relationship of landlord and tenant. These were findings of fact and could not be interfered by the revisional Court on the ground that the decision in his suit No. 478 of 1964 and Civil Appeal No. 50 of 1969 is resjudicata. The Judgment of revisional Court dated 26. 11. 1981 is illegal. It is hereby quashed and the judgment of the trial Court dated 31,3. 1980 is restored. With the above observation the writ petition is allowed. Petition allowed. .