V.K.KHANNA, J. - (1.) TWO small Causes Court Suit Nos. 22 of 1979 and 1 of 1980 were filed by respondent Radhey Shyam against Keshav Prasad and Rama Shanker Gupta respectively. Both the suits were dismissed by the Judge, Small Causes Court by separate judgments dated 18.2.1981. Two revisions i.e., Civil Revision No. 50 of 1981 and 51 of 1981 were filed by the petitioners of the two writ petitions, which have been allowed and the two suits filed by the landlord-respondent Radhey Shyam have been decreed. In these two connected writ petition it is these two judgments of the IIIrd Addl. District Judge, Mirzapur dated 3.9.1982 which have been challenged.
(2.) AT the admission stage of these writ petitions the contesting respondent put in appearance through their counsel and filed counter-affidavit to which rejoinder affidavits were filed by the petitioners. Both these writ petitions have been heard together and the learned counsel for the parties have made a statement that they may be decided together as the questions involved in the two petitions are exactly the same. In these circumstances, these two writ petitions are being disposed of by a common judgment, after hearing the arguments of the parties. The brief facts for the purposes of deciding the present writ petitions are that the suits were filed on the basis that the plaintiff-respondent Radhey Shyam had let out the shops in dispute to the petitioners on 19.7.71. It was also alleged that an agreement was executed between the parties under which tenancy was created in favour of the petitioners. The suit was filed on the basis of the relationship of landlord and tenant. In the plaint it was also stated that the tenancy of the petitioners have been duly terminated by a notice. The relief was for ejectment and for recovery of arrears of rent.
(3.) THE suits were mainly, contested by the petitioners on the ground that the plaintiff-respondent Radhey Shyam was not the owner of the property in dispute and the owner was the mother Shrimati Nanka who had let out the shops to the petitioners.;