- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) THE petitioner has challenged the order dated 31-3-2004 passed by the Revisional Court whereby the revision under Section 25 of the Provincial Small Causes Courts Act against the order dated 5- 4-2003 passed by the Judge Small Causes Court, Kanpur Nagar decreeing SCC Suit No. 566 of 1989 filed by the plaintiff/respondent No. 1 for ejectment and arrears of rent. It is also prayed in the writ that the remand order dated 13- 12-1999 whereby the revision filed by respondent No. 1 against the order dated 18-4-1995 passed by Judge Small Causes Court was allowed be remanded to the Court below for its decision afresh. Brief facts of the case are that respondent No. 1 filed SCC suit No. 566 of 1989 on 12-8-1989 against Smt. Patraji widow of Bachchu Lal resident of 15/228, Civil Lines, Kanpur Nagar alleging that she was tenant of one khapraildar i. e. room having roof made of tiles in premises No. 5/228, Civil Lines, Kanpur which was purchased by plaintiff from previous owner Sheikh Bariq Ali son of Mubarak Ali.
(3.) IT was also alleged that Smt. Patraji has without express consent and permission of either of plaintiff/landlord respondent No. 1 or the earlier landlord Sheikh Bariq constructed two rooms unauthorizedly on the open land appurtenant to the tenanted accommodation aforesaid and had sublet one room to the petitioner and other room to respondent No. 3 Sri Niaz. Initially neither the petitioner nor Niaz were impleaded as parties in the suit nor any relief was claimed against them. It appears that at later stage, the plaintiff impleaded the petitioner as defendant No. 2 and Niaz as defendant No. 3 by amendment on 25-7-1991. He also added paragraph 6-A by means of amendment to the effect that Smt. Patraji had sublet one room to petitioner and the other to Niaz, each on monthly rent of Rs. 400/- per month.;