- (1.) HEARD Sri B.N. Agrawal, learned counsel for the petitioners and Sri Kunwar Ajay Singh, Advocate for Caveatorrespondent.
(2.) THE respondent is the landlord of House No. 119/499, Darshanpurwa, Kanpur Nagar which he purchased vide sale deed dated 04.10.1985. Sri Sukh Lal (now deceased and substituted by his legal heirs, i.e., petitioner no. 1/1 etc.) was already a tenant in certain portion of aforesaid house comprising one room, verandah, courtyard and chhajja on first floor on a monthly rent of Rs. 15/. On the ground that tenant had committed default in payment of rent, an ejectment suit was filed by respondentlandlord being SCC Suit No. 271 of 1988, in the Court of Small Causes, Kanpur Nagar. The petitionertenants contested suit on various grounds including that there is no relationship of landlord and tenant between plaintiff and defendants. The respondentlandlord's title which he founded on sale deed dated 04.10.1985, was also denied.
(3.) THE Trial Court vide judgment dated 24.09.2011 recorded findings that respondentlandlord was owner of accommodation in question and, therefore, rent was payable to him, hence satisfy the definition of "landlord" under Section 3(j) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972"); the petitionerstenants had committed default in payment of rent and though the entire dues were deposited, as contemplated in Section 20(4) of Act, 1972 on the first hearing of suit but since there is a denial of title of landlord over the tenanted accommodation, the petitioner tenants were liable for ejectment on the ground under Section 20(2)(f) of Act, 1972. Accordingly it passed a decree of ejectment and recovery of rent etc. from petitioner tenants. This judgment of Trial Court has been confirmed in SCC Revision No. 95 of 2011 by Additional District Judge, Court No. 20, Kanpur Nagar vide judgment dated 09.08.2012.;