SULTAN AHMAD AND OTHERS Vs. THE DISTRICT JUDGE, BALLIA AND OTHERS
LAWS(ALL)-1990-1-79
HIGH COURT OF ALLAHABAD
Decided on January 05,1990

Sultan Ahmad And Others Appellant
VERSUS
The District Judge, Ballia And Others Respondents

JUDGEMENT

M.P. Singh, J. - (1.) THIS writ petition is directed against an order dated 15.4.1986 passed by the learned District Judge, Ballia. The short facts are: The petitioners filed a suit for arrears of rent and ejectment against Smt. Naseri Bai - -Opposite party No. 2 in the Court of Judge Small causes on the ground that she was a tenant of premises at the rate of Rs. 42/ - per month. The rent was enhanced w.e.f. 12.11.976 at the rate of Rs. 60/ - per month. The defendant did not pay any rent after July, 1977.
(2.) THE case set up by the defendant was that she was a tenant at the rate of Rs. 20/ - per month and had paid rent upto October, 1979. The plaintiffs alone were not the landlords. Smt. Guddan Begum and Smt. Musa Begum sisters of the plaintiffs were also the landlords. They were not parties to the suit. The suit was bad for non -joinder of these two ladies. The Trial Court decreed the suit holding that the plaintiffs were the only landlords of the said premises. The rate of rent was Rs. 60/ - per month and not Rs. 20/ - as alleged by the defendant.
(3.) AGAINST the judgment of the Trial Court dated 13.9.1984, the defendant Sled a revision under Section 25 of Small Causes Court Act before the learned District Judge.;


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