N. N. Sharma, J. - (1.) THIS revision is directed against the order dated 22-12-1981 recorded by the learned IX Additional District Judge, Kanpur Sri K. D. Sahi in Misc. case no. 1/74 of 1981 arising out of Original suit no. 49 of 1977 by which objection of revisionist under Section 47 of the Code of Civil Procedure was rejested with costs.
(2.) IT appears that revisionist and opposite party no. 2 are own brothers, sons of late Sri R. C. Gupta, opposite party no. 3 is their mother. Opposite party no. 4 is Sri Ambika Prasad held as joint tenant of Sri R. C. Gupta in the disputed premises by learned trial Judge who decreed the suit for ejectment of defendants from the premises in suit and for recovery of Rs. 3150/- as arrears of rent alongwith costs and pendentelite and future damages at the rate of Rs. 100/- per month on 9-5-1978. IT was suit no. 49 of 1977 (which was on Small Causes Court side), It was alleged that opposite party no. 1 was the landlady and Ambika Prasad, opposite party no. 4 and Sri R. C. Gupta, father of revisionist were the tenants in a portion of ground-floor on house no. 133/M/156. This portion was used as shop let out on monthly rent of Rs. 100/-. Arrears of rent from 1-9-1975 to 31-8-1976 were claimed at the rate of Rs. 1C0/- per month. This amount remained unpaid despite service of notice. The suit was for ejectment, etc. on the ground of default in payment of rent. Defendant No. 1 Ambika Prasad filed written statement pleading inter alia that Ram Chandra Gupta, defendant no. 2 who was a co-tenant died before the service of notice dated 14-9-1976. The suit was filed in 1977 against a dead person and was a nullity. The rate of rent was Rs. 90/- per month. Other pleas were also raised which are not material for the disposal of this revision.
(3.) IT appears that defence of Sri Ambika Prasad was struck off under Order 15, Rule 5 of the Code of Civil Procedure on 4-3-1978. The matter was carried in revision by him which was Civil Revision no, 2704 of 1978. IT was dismissed on 5-12-1980. IT was further observed in the said order that service of notice on all joint tenants was not necessary when Ambika Prasad had been duly served. So learned trial Judge found that such plea could not be raised before him by the objector-revisionist. IT appears that an earlier revision no. 1228 of 1978 preferred by Sri Ambika Prasad was dismissed as infructuous on 10-7-1978 without issuing notices to the revisionist and his brother who were arrayed as opposite parties. All the pleas raised by objector failed and this revision was also decided exparte on 23-12-1983 by brother B. D. Agarwal, J. who recalled his order on 14-2-1984 at the prayer of revisionist.;