KRISHNAPRASADJALSWAL Vs. KANTI GUPTA ALIAS KANTI DEVI

JUDGEMENT

(1.) B.L. Yadav, J-This is a defendants' second appeal in a suit for eviction of the defendants from the house in suit and also for recovery of Rs. 750/- as arrears of rent.

(2.) The case of the plaintiffs was that one Haricharan Sao had two sons, namely, Suraj Prasad and Badri Narayan Prasad. Both brothers had separated and partitioned the properties, and had been enjoying separate possession. Suraj Prasad had two sons, namely, Gopalji Prasad and Thakur Prasad. The plaintiff's claim to be the heirs of Thakur Prasad. Badri Prasad had one son, namely, Ramji Prasad. Badri Prasad sold his property to one Ramawtar Ojha and he sold the property to Thakur Prasad and Gopalji Prasad and they were put in possession. Later on in a partition between Thakur Prasad and Gopalji Prasad the house in dispute fell in the share of Thakur Prasad, after whose death the property came in the share of the plaintiffs. One .Maheshilal Jaiswal took the house on rent and started a liquor shop therein. Maheshilal's son-in-law Ramdeo Prasad Jaiswal used to pay rent to the plaintiffs. Later on defendants came in possession of the house in dispute as tenants. The defendants after some time stopped payment of rent and hence the suit.

(3.) The defendants-respondents contested the suit denying the title of the plaintiffs. They claimed title in Krishna Prasad on the basis of sale deed executed by Ramji Prasad in 1976. The property, in tact, came to the share of Badri Prasad, son of Haricharan as indicated above. Maheshilal Jaiswal was neither a tenant nor he paid rent. Defendant No. 1 had been running his business since 1952 in the house of Badri Prasad which was later on purchased by him through a registered sale deed. As defendant No. 1 was not tenant of the plaintiffs, hence the suit either for ejectment or recovery of arrears. of rent was liable to be dismissed.