N. N. Sharma, J. - (1.) :-
(2.) THIS is a defendant's revision directed against the judgment and decree of learned Judge Small Cause Courts, Deoria Sri R. C. Chaturvedi, (II Additional District Judge) in SCC suit no. 3 of 1981. Plaintiff's suit for recovery of possession and arrears of rent amounting to Rs. 3240/- at the rate of Rs. 90/- per month was decreed; mesne profits at the aforesaid rate till the date of recovery of possession were also allowed on payment of necessary court fees, alongwith the costs of the suit. The suit was filed with the allegations that plaintiff was the sole landlord and defendant was the tenant in the disputed premises on the basis of a Kabuliyat dated 6-1-1973. That document was executed by defendant himself. The tenant fell in arrears of rent which remained unpaid despite a composite notice of demand and ejectment which was refused on 11-12-1980. The claim was resisted on the ground that there was no relationship of landlord and tenant subsisting between the parties; defendant was the tenant of plaintiff and his brothers who were members of joint Hindu family; it was not open to the plaintiff to bring an action in the court of Judge Small Causes claiming himself to be the sole landlord; there was no default in payment of rent; plaintiff deliberately evaded to receive the rent in order to eject the defendant by hook or crook. Rent has been deposited under section 30 of U. P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (Act no. 13 of 1972) from 20-3-1981.
(3.) LEARNED trial Judge framed five issues in the suit. He found under issue no. 1 that there was relationship of landlord and tenant between the parties; in a partition decree the disputed premises fell in share of plaintiff. Under issue no. 2 he found that defendant committed default in payment of rent. He further found that the notice was valid. In the result claim was decreed as given above.;