S.U. Khan, J. - (1.) HEARD learned Counsel for the parties. This is landlord's writ petition arising out of suit for eviction on the ground of default and for recovery of arrears of rent instituted by him against tenant respondent No. 2 Bhagwati Prasad before J.S.C.C., Moradabad in the form of S.C.C. Suit No. 8 of 1981. The suit was decreed for eviction and for recovery of arrears of rent and damages for use and occupation through judgment and decree dated 30.3.1992. Against the said judgment and decree, tenant filed J.S.C.C. Revision No. 29 of 1992. IIIrd Additional District Judge, Moradabad through judgment and order dated 30.10.1992, allowed the revision, set -aside the judgment and decree passed by the Trial Court and dismissed the suit hence this writ petition.
(2.) EARLIER also the suit had been decreed however the said decree was set -aside in revision (Revision No. 125 of 1984) and matter was remanded to the Trial Court. The Revisional Court allowed the revision mainly on the ground that plaintiff was not the only landlord hence notice of termination of tenancy given by him was not valid and suit filed only by him was also not maintainable. I have held in Gulab Chandra Verma v. B.N. Misra, : 2004 (57) ALR 43 that one of the landlords can terminate the tenancy and file suit for eviction. In the said judgment I have placed reliance upon several authorities of Supreme Court particularly the one in M/s. India Umbrella v. B. Agarwal : 2004 (55) ALR 98 : 2004 (14) AIC 80. Accordingly, the finding of the Revisional Court that notice was bad and suit was not maintainable on the ground of non -impleadment of all the co -landlords is set aside.
(3.) THE second point decided by the Revisional Court in favour of the tenant is regarding rate of rent and duration of tenancy/lease. Landlord asserted that rate of rent was Rs. 25/ - per month and tenancy was month to month while tenant asserted that rate of rent was Rs. 200/ - per year and tenancy was from year to year. But virtue of section 106 T.P. Act "in the absence of a contract or local law or usage to the contrary a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year..........and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month....;