S.U. Khan, J. - (1.) This is tenant's writ petition arising out of suit for eviction filed by original landlord Bishan Chand against him in the form of SCC Suit No. 66 of 1981. During pendency of suit Bishan Chand died and was survived by Arun Kumar and Rajiv Kumar respondent No. 6 his sons. Afterwards Arun Kumar also died and was survived by respondents 2 to 5.
(2.) According to the plaint allegations, petitioner No. 1 P.N. Khandelwal was an employee of hotel Natraj which belonged to the plaintiff Bishan Chand and he was allowed to occupy the accommodation in dispute (a residential quarter] as part of contract of his employment under the plaintiff, that in December, 1978 P.N. Khandelwal left his job with hotel Natraj however he joined service in Natraj Bottling Company in which plaintiff Bishan Chand also had a share hence he was allowed to continue to occupy the building in dispute. It was further pleaded that after 31.3.1981, P.N. Khandelwal ceased to be employee of Natraj Bottling Company hence he was asked to vacate the premises and on his failure the suit under -Section 20(2)(g) of the U.P. Act No. 13 of 1972 was being filed. Under the aforesaid clause tenant is liable to eviction on the ground: "that the tenant was allowed to occupy the building as part of his contract of employment under the landlord and his employment has ceased.'
(3.) Petitioner No. 1 pleaded that house in dispute was given on rent him by the wife of plaintiff Bishan Chand and the said tenancy was not part of his contract of employment. It was further pleaded that in between 1967 to 1978 tenant left the service of the plaintiff twice and joined the service in Venus talkies however he continued to reside in the house in dispute as tenant.;