K. JAGANNATH SHETTY, C. J.

( 1 ) AMID the divergent views of this Court in Devi Charan v. III Addl. Dist. Judge, 1980 All Rent Cas 381 : (1980 0 UPLT 143) and Rang Nath v. State of U. P. , (1984) 1 All Rent Cas 642 : (1984 0 Alllj 455) a Bench of this Court has referred the case for decision by a larger Bench. The facts are not disputed. They may briefly be stated as follows : gopal Das (petitioner in Writ Petition No. 4089 of 1981) is a tenant occupying premises No. CK 21/40, situate in Thatheri Bazar, Varanasi. It was a property belonging to joint family consisting of Murlidhar Sah (the petitioner in Writ Petition No. 5240 of 1981) and some others. The rent payable thereon was Rs. 175/- per month. On June 24, 1974, there was a partition in the joint family by which the tenanted premises were allotted to two co-parceners Northern portion fell to the share of Murlidhar Sah while the Sourthern portion fell to the share of his brother Brij Chandra Sah. After the partition, the tenant was called upon to pay the proportionate rent to the respective persons. The tenant agreed and accordingly has been paying Rs. 100/- to Murlidhar Sah and Rs. 75/- to Brij Chandra Sah in regard to their r

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