S.U. Khan, J. - (1.) This writ petition arises out of suit for eviction and for recovery of arrears of rent filed against petitioner No. 2 and original petitioner No. 1, by landlord-respondent No. 3 Radhey Shyam Chaurasiya in the form of SCC Suit No. 90 of 1986.
(2.) In the plaint it was stated that petitioner defendant No. 1 Shiv Charan Sharma (S.C. Sharma in short) was the tenant who had sublet the accommodation in dispute to his real brother Shri Ram Bharosey Sharma, petitioner defendant No. 2 (S.C. Sharma who was petitioner No. 1 has died and his name has been deleted from the-array of the parties). It was also stated that accommodation in dispute was allotted only to S.C. Sharma. Grounds of default in payment of rent, material alteration and inconsistent user were also taken in the plaint. Initially the suit was dismissed. However, the matter was remanded to the trial Court in revision. After remand JSCC/IInd Additional Munsif, Jhansi through judgement and decree dated 21.11.1992 decreed the suit for eviction and for recovery of arrears of rent (rate of rent was Rs. 11/- per month). Suit was decreed on the ground of subletting, default and material alteration. Nothing was said by the trial Court regarding in-consistent user. Against the judgment and decree dated 21.11.1992 S.C. Sharma and Ram Bharosey filed SCC Revision No. 137 of 1992. District Judge, Jhansi through judgment and order dated 5.3.1994 dismissed the revision hence this writ petition.
(3.) Revisional Court affirmed each and every finding of the trial Court. Revisional Court also held that inconsistent user was admitted by the tenant hence he was also liable to eviction on the said ground even through the trial Court had not decreed the suit on the said point.;