- (1.) This First Appeal from Order arises out of an order for remand made by the first appellate Court of II Additional Civil, Judge Allahabad.
(2.) A suit was filed by Smt. Ganga Devi and Parma Nand for ejectment of Vijai Kumar Tandon, defendant-appellant, from the upper portion of house No. 220, Gariwan Tola, Allahabad city. The respondents claimed arrears of rent, electric charges and damages. The respondents alleged that they were the exclusive owners of the premises in dispute and that for all practical purposes Smt. Ganga Devi, respondent No. 1, was the landlord and used to let out the house, realise rent and manage the property. According to them, the defendant-appellant was their tenant and had paid no rent and electric charges from 1.1.1962 onwards inspite of notice of demand.
(3.) The defence was that the plaintiffs-respondents had no right to sue; that the notice was invalid and that the suit was bad for non-joinder of one Kali Charan, step son of respondent No. 1, Smt. Ganga Devi as he was also a heir of the deceased landlord Shyam Krishna. It was further contended that the entire rent had been paid to Kali Charan.;