SANT VIJAY SINGH Vs. IST A D J

JUDGEMENT

(1.) This is tenants' petition arising out of a suit for eviction of the tenants and for recovery of arrears of rent and damages. It appears that S.C.C. Suit No. 21 of 1986 was filed by the landlords in the Court of Judge. Small Causes, Azamgarh for eviction of the tenants and for recovery of arrears of rent amounting to Rs. 2850 and damages. The suit was filed with the allegations that defendant No. 3 (Sahab Singh) occupied the disputed shop as a tenant and paid Rs. 80 per mensem as rent. He further paid Rs. 15 as electricity charges. He, however, failed to pay arrears of rent w.e.f. October, 1983. He sublet the shop in question to defendant Nos. 1 and 2 (Sant Vijay Singh and Dr. Jai Shankar Singh). The landlords sent a notice-dated 28.2.1986 to the defendants, which was served on 1.3.1986. They, however, neither paid the arrears of rent nor vacated the shop in question.

(2.) On 5.9.1986, Jai Shankar Singh, one of the defendants, appeared in the Court and moved an application that copy of the plaint was not sent to him alongwith summons. He, therefore, prayed for supplying copy of the plaint and time to file written statement.

(3.) On 21.10.1986, all the defendants filed joint written statement and contested the suit mainly on the grounds that rent of the disputed shop was Rs. 10 only. The defendant Nos. 2 and 3 were not residing as tenants and the shop was never sublet to anybody. The defendant Nos. 2 and 3 are nephews of defendant No. 1. The plaintiffs accepted rent up to August, 1984 and thereafter refused to accept rent. The defendants moved an application for permission to deposit the entire amount of rent and damages for use and occupation of the shop due from them together with interest thereon and cost of the suit, etc. They filed lender alongwith the application also and the amount was actually deposited on 12.2.1987.