- (1.) V. N. Singh, J. The revision has been filed against the judgment and order dated 17-1-1995 passed by Sri S. C. Srivastava the then Addl. District Judge, Agra in S. C. C. Suit No. 26 of 1991.
(2.) THE brief facts of the case is that Sri Girish Chandra Gupta has filed a S. C. C. Suit No. 26 of 1991 against Sri Ram Bharosey Lal for a decree for ejectment and damages for use and occupation amounting to Rs. 19712 alongwith pendenti lite and future @ 90 per month and for a decree of pendenti lite and future mesne profits @ Rs. 100 per day till the decree of actual possession. The suit was filed with the contention that the plaintiff is landlord of the disputed premises and Sri Khubi Ram, father of the defendant 1st set (1 to 7) was tenant in a portion of the premises on monthly rent of Rs. 450 per month, besides water and house tax etc. Sri Khubi Lal did not pay the rent from 25- 11- 1984. Sri Khubi Ram died leaving defendants 1st set (1 to 7) as heirs and legal representative and the tenancy devolved upon defendants 1st set. Neither any rent nor tax was paid by any of the defendants 1st set.
(3.) LATE Khubi Ram and defendants 1st set has sub-let the said portion of tenancy to defendant IInd set (Gopi Chand and Jagdish Prasad), who are running oil expeller business in the name and style of M/s Narain Uddhog. Khubi Ram and defendant 1st set inducted the persons, who are not the family members in the firm M/s Shiv Dal Mill and it has also been alleged that material alternation has been done and premises has been damaged.;