S.U. Khan, J. - (1.) This is landlady's writ petition arising out of suit for eviction instituted by her against respondent Nos. 2 and 3 Ghanshyam Das and Gulab Chand. The suit was registered as SCC Suit No. 397 of 1990 on the file of JSCC, Kanpur Nagar and was transferred for disposal to I Additional JSCC, Kanpur Nagar.
(2.) Property in dispute is a shop rent of which is Rs. 75/- per month.
(3.) According to the plaint allegations, Ghanshyam Das was the tenant who had sublet the shop to his real brother Gulab Chand. In the plaint, it was alleged that defendants were liable to eviction on the ground of subletting and default. As far as ground of default is concerned, it does not survives as on the first date of hearing entire arrears of rent were deposited and both the courts below granted benefit of Section 20(4) of U.P. Urban Buildings (Regulation of Letting rent and Eviction) Act 1972 (U.P. Act No. 13 of 1972) to the tenant. The trial Court held that subletting was proved hence suit was decreed on 24.12.1993. Against the said judgment and decree respondent Nos. 2 and 3 filed SCC Revision No. 11 of 1994. IV Additional District Judge, Kanpur Nagar held that subletting was not proved. Accordingly, revision was allowed on 11.7.1996 and judgment and decree dated 24.12.1993 passed by the trial court/I Additional JSCC was set-aside. The said judgment and order of revisional court has been challenged by the landlady through this writ petition.;