- (1.) HEARD learned Counsel for the petitioners.
(2.) THIS is tenants' writ petition. Landlords-respondents No. 3 and 4, sanaullah and Nasrullah filed suit for eviction against their tenant Hardas lohia, who died during pendency of the suit and was substituted by petitioners and proforma respondents No, 5 to 7. In the suit, relief for eviction and recovery of arrears of rent was sought. Initially suit was filed on the regular side in the year 1970, however in the year 1972 jurisdiction for trial of suits for eviction by landlord against tenant was conferred upon J. S. C. C. , hence suit was tried by j. S. C. C. /munsif Kounch, District Jalaun, where it was registered as S. C. C. Suit no. 49 of 1973, Sanaullah and another v, Hardas Lohiya, It was stated in the plaint that rent with effect from 1st January, 1970 had not been paid. Landlord sent notice on 1. 9. 1970 terminating tenancy and demanding the rent. It was stated that initially tenant was in occupation of bigger portion as tenant however, in the year 1969 fresh agreement was entered into and part ot the tenanted accommodation was handed over by the tenant to the landlord and landlord constructed a partition wall, however, later on tenant forcibly removed the said wall and again took possession of the portion, which had been handed over by him to the landlord. Possession over both the portions was sought. It was further stated that initially rate of rent was Rs. 55/- per month, however when tenant surrendered a portion of the tenanted occupation, the rent was reduced to Rs. 45/- per month. As far as agreement of 1969 is concerned, the original tenant asserted that he had signed blank papers for fresh tenancy, which was to be of the entire old tenanted accommodation already in his possession and there was no such agreement, that he would surrender a part of the occupation, that he never surrendered any part of the accommodation and the entire accommodation was continuing in his tenancy occupation since before 1969 and rent always remained Rs. 55/- per month.
(3.) TENANT further pleaded that he sent rent through money-order but plaintiff refused to accept the money-order. After the death of original tenant hardas Lohiya, his legal representatives were impleaded in the suit including the petitioners and they also filed written statement almost on the same lines on which original tenant had filed. Petitioners also took the plea that since 1970 till 1980, entire rent had been paid to the landlord without any receipt (at that time suit was pending ).;