R.B. Mehrotra, J. - (1.) ONE Shri Kishori Lal who is the father of the Petitioner Sri Shiv Prasad, was the owner in possession of several properties, including house No. 30/38, situate at Saral Khudabad, Allahabad. The case of the Petitioner, Sri Shiv Prasad is that Lallu Lal, who is the brother of the Petitioner, got his shares separated during the life time of Sri Kishori Lal in the year 1960 and received his full share and also executed a registered relinquishment deed on 1 -9 -1971, clearly stating that since he has received his total share and is in exclusive possession of the same, he is left with no right or interest in the remaining property, belonging to his father ,namely, Sri Kishori Lal, wherein the mother and the brothers of the aforesaid Lallu Lal have got their shares. The further case of the Petitioner is that thereafter late Sri Kishori Lal, father of the Petitioner and aforesaid Lallu Lal, executed a registered Will dated 2 -4 -73, stating that he had already given property to Lallu Lal (Respondent No. 3) who is left with no interest in the remaining property, including house No. 30/38 Sarai Khuldabad, Allahabad. As such, after the death of the executor of the Will, namely, Sri Kishori Lal, Lallu Lal will have no connection or right over the property belonging to the executor. In the Will, it was further stipulated that one of the shops in house No. 30/38 Sarai Khuldabad, Allahabad (shop in dispute), bequeathed in the share of Petitioner, Lallu Lal Respondent No. 3 shall stay in the capacity of the tenant on monthly rent of Rs. 15/ - per month. The Will further stipulated that in case Sri Lallu Lal remains in arrears of rent for a year, he shall be liable to be evicted after due notice and legal proceedings.
(2.) IN the aforesaid background, three suits were filed between the parties Suit No. 154/80 was filed Ramesh Chandra and Ors. sons of Lallu, Lal challenging the Will and the relinquishment deed, referred to earlier. Suit No. 3 of 1982 was filed by the Respondent Lallu Lal himself, challenging the Will, alleged to be executed by Shri Kishori Lal, referred to above.
(3.) SUIT No. 124 of 1983 was filed by the Petitioner as small causes suit for eviction of Respondent No. 3 on the ground that Respondent is the tenant of the shop in dispute and has not paid the rent, as stipulated in the Will. As such, Respondent No. 3 is liable to be evicted from the shop in dispute and is also liable to pay, arrears of rent for the period respondent has not paid rent to the Petitioner -Plaintiff.;