Judgment

OJHA, J. :- These appeals by special leave have been preferred by tenants of certain premises against the judgment of the Allahabad High Court dismissing their civil revisions.

2. The facts in a nutshell necessary for the decision of these appeals are that one Mahabir Prasad had let out the premises in question to the appellants. It appears that on 28th November, 1966 Sukmal Chand alias Lalloo, son of Mahabir Prasad was murdered leaving Smt. Sulochna Devi as his widow and two sons Sanjeev Kumar alias Teetu aged 11/2 years and Rajeev Kumar alias Cookoo aged 3 years. Mahabir Prasad on 8th December, 1966 executed a registered deed with regard to certain properties including the premises in question which he discribed as his own by using the words "out of my property". The nature of the deed would appear from the following recital contained therein :-

"I give the benefits arising out of the abovesaid property to my grandsons Rajeev Kumar alias Cookoo aged 3 years, and Sanjeev Kumar alias Teetu aged 11/2 years S/o Sukmal Chand and Guardian Smt. Sulochna Devi mother of the children, residents of Town Sardhana. Therefore Smt. Sulochna Devi will be able to maintain herself and her born and unborn children from the rent realized from the above-said three shops and she will use the house as her residence and with her I and my wife Sunheri Devi will live throughout life. Smt. Sulochna Devi will neither be able to transfer these shops and house nor to mortgage them by borrowing money. She will have the right to maintain her children only with the benefit arising from them. I will neither interfere with her right nor transfer the ownership of this property. Hence this Parivarik Vayawastha Patra i.e. family settlement has been scribed, dated 8 December, 1966."

2. It further appears that after executing the said deed Mahabir Prasad informed the tenants concerned to make payment of rent to Smt. Sulochna Devi in terms of the aforesaid deed and the tenants started paying rent accordingly. Mahabir Prasad, however, subsequently executed a deed of cancellation dated 3rd November, 1970. This deed too was registered and Maliabir Prasad thereby purported to cancel the deed dated 8th December, 1966 for reasons stated therein. In this deed Mahabir Prasad inter alia stated that by the deed dated 8th December, 1966 written in favour of Sanjeev Kumar alias Teetu and Rajeev Kumar alias Cookoo, guardian Smt. Sulochna Devi, mother had been given the right to realise rent and that the deed of cancellation "debarred them from the right to realising the rent". The tenants were informed about the deed of cancellation also.

3. Subsequently suits were instituted by Mahabir Prasad against the appellants for recovery of arrears of rent etc. and their eviction from the premises in their tenancy on the ground that notwithstanding being informed of the deed of cancellation they had not paid rent to him and were in arrears. One of the pleas raised in defence by the appellants was that the deed dated 8th December, 1966 could not be unilaterally cancelled by Mahabir Prasad by the subsequent deed dated 3rd November, 1970 and that the rent claimed by Maliabir Prasad to be in arrears had already been paid by them to Smt. Sulochna Devi. In other words, title of Mahabir Prasad to realise rent from the appellants was disputed by them. Smt. Sulochna Devi was also arrayed as a defendant in these suits. She seems to have filed a written statement acknowledging receipt of rent claimed by Mahabir Prasad as arrears from the appellants.

4. The pleas raised by the appellants in their defence did not find favour with the Judge, Small Causes in whose court the suits were filed and consequently the suits were decreed. The appellants filed revisions before the District Judge and on these revisions being dismissed the appellants filed further revisions before the High Court which too were dismissed. It is against these judgments of the High Court that these appeals have been preferred.