- (1.) These petitions involve common questions of fact and law and therefore, with consent of learned counsel for the parties, all the petitions were heard together and are being decided by this common judgement. Counsel for the parties agreed for treating petition no. 4416 of 2015 as the leading case and arguments were advanced accordingly.
(2.) Second respondent in these petitions filed four different suits being Original Suit No. 47, 50, 52 and 53 all of the year 2007 for recovery of arrears of rent, mesne profits and for ejectment of the petitioner(s) from open piece of land alleged to be in the tenancy of the petitioner(s). For sake of convenience, the facts in the leading petition no. 4416 of 2015 arising out of Original Suit No. 53 of 2007 are being noted. According to the assertions made in the plaint of the said suit, Late Abhay Singh, grand father of the first petitioner and father of the second petitioner had taken the suit property on monthly rent of Rs.7/- per month from Shiv Nath Sharma, the grand father of the plaintiff-respondent by means of a registered lease deed dated 20/7/1947. It is alleged that after the death of Abhay Singh, the petitioners inherited the tenancy rights as joint tenants. It is claimed that rent was due since 1/1/1967, which was not paid despite request. The tenancy of the petitioners was terminated by registered notice dated 18/10/2006, which was duly served, but the petitioners in their reply refused to pay rent and also denied the ownership of the plaintiff-respondents with respect to the suit property. The plaintiffs, it is alleged, have not condoned the aforesaid act of the petitioners and consequently suit for ejectment and for arrears of rent was instituted.
(3.) The petitioners contested the suit by filing a written statement. It was admitted that the suit property was taken on rent by registered lease deed dated 20/7/1947. However, the petitioners in their written statement pleaded that the suit land is part of khasra no. 4899 measuring 3 bigha whose zamindar was Late Shiv Nath Sharma, the grand father of the plaintiff. He executed a registered lease deed dated 20/7/1947 with regard to 300 sq. yd. of land on annual rent of Rs.90/- in favour of Abhay Singh. It is further averred that towards east of the suit property, an area measuring 125 sq. yd. was also let out to Late Abhai Singh, by registered lease deed dated 4/9/1948 on payment of annual rent of Rs.37.50p. These lease were given for the purpose of construction of building. Abhai Singh transferred his interest in part of the demised land in favour of Smt. Raj Kumari by lease deed dated 29/5/1950. Smt. Raj Kumari by registered deed dated 27/5/1959 transferred her rights in favour of Sardar Singh son of Balwant Singh. Abhay Singh had constructed a pucca building over the demised land, soon after obtaining the same on lease. The land being within the urban area of district Meerut came to be governed by the Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1956 The Act . Consequently, the proceedings for demarcation were undertaken and by an order dated 30/12/1966, the predecessor in title of the defendants and their assignees were conferred Bhumidhari rights in the land. It is further claimed that since then all the rights, title and interest of Sri Shiv Nath Sharma, the grand father of the plaintiffs came to an end. Consequently, it was denied that there exist any relationship of landlord and tenant between the parties.;