RAGHUBIR SARAN vs O. P. JAIN, ADDITIONAL MUNSIF (1), BULANDSHAHR, AND — 1972 PTD 432

Citation: 1972 PTD 432

Court: Allahabad High Court

Year: 1971

Decision Date: 1971-12-31

Parties: RAGHUBIR SARAN vs O. P. JAIN, ADDITIONAL MUNSIF (1), BULANDSHAHR, AND JUDGMENT

Headnotes

Case cited as 1972 PTD 432

Judgment Text

Court Name: Allahabad High Court Judge(s): R. K. Gulati Title:RAGHUBIR SARAN vs O. P. JAIN, ADDITIONAL MUNSIF (1), BULANDSHAHR, AND JUDGMENT Reported As: 1972 PTD 432 Result: case decided Judgment JUDGMENT R. L. GULATI, J.-This petition under article 226 of the Constitution is an offshoot of a litigation between a landlord and his tenants. The petitioner is the tenant and was one of the defendants in a suit filed by the landlords for arrears of rent and eviction of the tenants. Sri Debi Sahai Gupta, the opposite-party No. 3, is the landlord and Sri Gopal Swarup, the opposite-party No. 2, is his minor son. Sri Debi Sahai and his son, Gopal Swarup, filed a suit which is now pending in the Court of the 1st Additional Munsif, Bulandshahr. As stated above, the suit was for the recovery of arrears of rent and for the ejectment of the tenants including the petitioner from a shop of which the opposite-parties Nos, 3 and 2 claim to be the owners. The petitioner as well as the remaining two defendants resisted the suit on the ground that the petitioner, and not the opposite-parties Nos. 3 and 2, was the landlord. It appears that the petitioner is the ostensible owner of the property in dispute but the landlords contend that he is merely a "benamidar" and to prove that contention, they made an application before the Munsif to summon the income-tax assess--ment records of the petitioner to prove a statement alleged to have been made by him during the course of the proceedings for his…

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