S.U.Khan, J. - (1.) Sukh Pal Singh since deceased and survived by respondent No. 3 to 12 filed SCC Suit (Suit) No. 187 of 1976 against petitioner Om Prakash and respondents No. 13 and 14 Rudra Prasad Vajpai and Vishwanath prasad In the suit, it was alleged that defendants 2 and 3 were the owners landlords and Sukh Pal Singh plaintiff was their tenant and that plaintiff had sublet a portion of the tenanted accommodation to Om Prakash hence Sukh Pal Singh was landlord of Om Prakash.
(2.) Relief of eviction was sought on the ground of default in payment of rent and material alteration. The ground of material alteration does not survive as both the Courts below have decided the same in favour of the petitioner.
(3.) One of the owners landlords Vishwanath Prasad defendant No. 3 / Respondent No. 14 appeared as witness in the suit. True copy of his oral statement has been annexed as annexure 6 to the writ petition. He supported the case of chief tenant / plaintiff Sukh Pal Singh. JSCC, Kanpur through judgment and decree dated 18.8.1983 decreed the suit for eviction as well as for recovery of arrears of rent. Decree was passed by Additional JSCC Kanpur Nagar. Against the said judgment and decree, petitioner filed SCC Revision No. 195 of 1983. X Additional District Judge, Kanpur Nagar through judgment and order dated 3.11.1987, dismissed the revision hence this writ petition.;