MOHD MUSTAQ Vs. DISTRICT JUDGE

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) This is defendant's writ petition arising out of SCC Suit No. 19 of 1982, Mangla Prasad Vs. Mohd. Mustaq . The suit was filed by the landlord original respondent No.3, Mangli Prasad since deceased and survived by legal representatives against petitioner for his eviction from the shop in dispute. J.S.C.C./ Munsif, Hardoi decreed the suit for eviction and recovery of arrears of rent on 09.12.1988. Against the said decree tenant petitioner filed S.C.C. Revision No.1 of 1989, which was dismissed on 04.08.1989 by District Judge, Hardoi, hence this writ petition.

(3.) It was stated in the plaint that petitioner was tenant on behalf of the plaintiff respondent in the shop in dispute at the rate of Rs. 75/- per month. The petitioner denied the ownership/ landlordship of the plaintiff. According to the plaintiff's case, his uncle Mishri Lal had purchased the land over which shop in dispute was constructed from its previous owner Jagdish Prasad through registered sale deed dated 29.01.1943, that after death of Mishri Lal and lot of litigation the plaintiff got the land and thereafter constructed the shop in dispute over the said land and gave the same on rent to the defendant in or about 1977. Suit was filed after terminating the tenancy.