S.U. Khan, J. - (1.) At the time of arguments no one appeared on behalf of respondents, hence only the arguments of the learned Counsel for the petitioner were heard. Petitioner is the tenant of the property in dispute. Babu Ram Gupta, respondent No. 3, claiming himself to be the sole landlord of the property, which consists of one room, one latrine and courtyard on the first floor, filed suit for eviction against the petitioner on the ground of default and denial of title in the form of S.C.C. Suit No. 31 of 1988 on the file of J.S.C.C. Etawah. Tenant-petitioner pleaded that initially Shrimati Jal Devi was the landlady and after her death property in dispute was inherited by her son Rajendra Prasad.
(2.) Shiv Prasad Gupta had two wives-Shrimati Jal Devi and Shrimati Shanti Devi. Rajendra Prasad was born from Jaldevi and plaintiff respondent No. 3, Babu Ram Gupta from Shrimati Shanti Devi. Landlord-respondent No. 3 claimed that property in dispute belonged to his father Shiv Prasad Gupta, who executed a will in his favour on 4.1.1986, hence after the death of Shiv Prasad Gupta, which occurred in latter part of 1986, respondent No. 3 became the sole owner landlord of the property in dispute. Admitted rate of rent is Rs. 14.00 per month. Rajendra Prasad, the step brother of respondent No. 3 appeared as a witness of the defendant-tenant (D.W. 2), He stated that he was the landlord and tenant was paying rent to him. The Trial Court held that Shiv Prasad Gupta was landlord-owner of the property in dispute and the will executed by him in. favour of respondent No. 3 was genuine as well as valid. As no rent had been paid by the petitioner to respondent No. 3, hence suit was decreed on the ground of default by J.S.C.C. on 14.1.1991. Decree for possession and arrears of rent was passed. Against the said judgment and decree petitioner filed S.C.C. Revision No. 4 of 1991. IVth A.D.J. Etawah through judgment and order dated 25.7.1992 dismissed the revision. Revisional Court also held that petitioner was liable to eviction on the additional ground of denial of title.
(3.) Denial of derivative title is not a ground for eviction as held by the Supreme Court in Sheela v. Firm P.R.P. Prakas, 2002 (47) ALR 415 (SC) In the said authority it has been held that questioning the derivative title of transferee-landlord does not amount to denial of title.;