- (1.) S. U. Khan, J. This writ petition was allowed by me on 26-10- 2005 after hearing only the arguments of the learned Counsel for the landlord-petitioner. On the said date no one appeared on behalf of contesting respondents. Thereafter application for rehearing was filed which has been allowed today.
(2.) ARGUMENTS of learned Counsel for both the parties on restoration application as well as merits of the writ petition were heard on 6-10-2006. Petitioner-landlord's suit for eviction against tenant-respondents (S. C. C. Suit No. 69 of 1980) was decreed by J. S. C. C. Varanasi on 24-7-1990. The suit was decreed only on the ground of sub-letting, Against the said judgment and decree Civil Revision No. 132 of 1990 was filed by the tenants' respondents. VII A. D. J. Varanasi through judgment and order dated 22-4-1995 allowed the revision, set aside the judgment and decree passed by the trial Court and dismissed the suit. Through this writ petition judgment and order passed by the Revisional Court has been challenged. The tenanted shop in dispute was allotted to Bhagwan Das in the year 1949. Bhagwan Das had a real brother by the name of Thadha Ram. The allegation of sub-letting in the plaint was to the effect that Bhagwan Das the tenant had sub-let the shop in dispute to Sugnamal, defendant No. 5 who was son of Thadha Ram and to defendants No. 6 and 7 who were sons of Sugnamal.
(3.) THE defence of the defendants was that the shop in dispute was allotted on 1-12-1949 in favour of Bhagwan Das in his capacity as Karta of Joint Hindu Family, that since the start of the tenancy Bhagwan Das and Thadha Ram were doing joint business from the shop in dispute in the name and style of Bhagwan Stores, that in the year 1954 partition took place and Bhagwan Das completely separated from the shop in dispute and the business carried on there from and started his own business in another shop which was situate just after three shops from the shop in dispute and tenancy of the shop in dispute and business carried on there from fell in the share of Thadha Ram, his son and grand sons, however, they continued the business in the old name of Bhagwan Stores and information of the said change was also given to Rent Control and Eviction Officer, Varanasi. Partition took place through registered deed dated 27-7-1954. The sons and grand sons of Thadha Ram pleaded that they were paying the rent. However, it was admitted by them that rent was paid and receipt was issued in the name of Bhagwan Stores.;