- (1.) One Sri K.G. Sinha was the tenant of the accommodation in dispute. The monthly rent payable by him was Rs. 12/-. Shri K.G. Sinha died in or about the year 1962. He was survived by five sons, four daughters and a widow. One of the surviving sons of the deceased tenant was Shri S.C. Sinha.
(2.) The Plaintiff-Respondent made an application to the Rent Control and Eviction Officer, who was vested with the powers of the District Magistrate under U.P. Act III of 1947, for permission to file a suit for ejectment against the heirs of the deceased tenant. It appears that the Plaintiff was not aware of the fact that Sri S.C. Sinha is also one of the heirs of the deceased tenant. Whatever may be the reason, Sri S.C. Sinha was not impleaded as a party to the said application. The Rent Control & Eviction Officer granted permission to the Plaintiff-Respondent to file a suit for ejectment against the Defendant-Appellants. This order was passed on December 31, 1963.
(3.) Thereafter, the Plaintiff-Respondent served a notice of ejectment against all the heirs of late Sri K.G. Sinha except his son Sri S.C. Sinha. The period of 30 days prescribed under the said notice having expired, the Plaintiff-Respondent instituted a suit for ejectment against the heirs of Sri K.G. Sinha.;