Hon’ble Prakash Krishna, J.—This is tenant’s revision under Section 25 of Provincial Small Cause Courts Act. Original Suit No. 6 of 1992 was instituted by the plaintiff landlord opposite party herein for recovery of arrears of rent, damages and ejectment of the defendant tenant applicant in respect of house No. 16, Nyay Marg (12-B Hastings Road), Allahabad which has been decreed on 23rd of September, 2009 by the order under revision.

2. Though it was a simple suit of small cause nature for recovery of arrears of rent and ejectment by landlord against the tenant, but it took about 17 years in its disposal.

3. The plaintiff landlord (hereinafter referred as the landlord) presently residing at Delhi. He retired as Chairman-cum-Managing Director, National Building Corporation (a Government of India undertaking) in the year 1987.

4. The original tenant was Hemwati Nandan Bahuguna, the Ex-Chief Minister of U.P. and after his death his son Shekhar Bahuguna and Smt. Kamla Bahuguna inherited tenancy.

5. The suit was instituted on the pleas inter alia that the property in dispute which is a big bungalow having twelve big rooms, one garage, two big verandah, a big kitchen, two servant quarters alongwith luxurious amenities with open space in front and behind the house was let out to late Hemwati Nandan Bahuguna who had paid the rent up to February, 1989 and died in the month of March, 1989. After his death his sons and widow namely Smt. Kamla Bahuguna and Shekher Bahuguna without any notice to the plaintiff got the said house allotted by the Rent Control and Eviction Officer vide order dated 31st of March, 1989. The defendants are in arrears of rent since March, 1989 to March, 1992 amounting to Rs.55,500/-. It was further pleaded that none of the defendant has been residing permanently in the premises in question since 1975 when late Hemwati Nandan Bahuguna became Chief Minister of U.P. The defendants are unnecessarily keeping the said bungalow in their occupation although late H.N. Bahuguna during his life time had agreed to vacate the said premises but he could not fulfil his promise as he thereafter, fell ill and subsequently died. Keeping in view the good relations with late H.N. Bahuguna, he did not ask for the return of suit premises immediately after the death of late H.N. Bahuguna. Smt. Kamla Bahuguna has permanent residence at Delhi. She has also accommodation in her own name at Lucknow. Sri Shekhar Bahuguna (the lone contesting defendant) is also permanently residing in palacious residence in Delhi as well as in Lucknow. He occasionally visits Allahabad and resides in the suit premises during election period. It was further stated that the other son of original tenant namely Justice Vijai Bahuguna has purchased a plot in front of Akashpuri near Nyay Marg Crossing from Sarva Hitkarini Sahkari Samiti, Nyay Nagar, Allahabad. Even otherwise also, he would be allotted shortly a Government accommodation being Judge of Allahabad High Court.

6. It may not be out of place to mention here that initially Smt. Kamla Bahuguna, Sri Shekhar Bahuguna and Sri Vijai Bahuguna were impleaded as defendants but subsequently, the name of Vijai Bahuguna was deleted from the array of the parties.

7. The suit was instituted in the month of May, 1992 and the defendants were duly served and put in their appearance on 23rd of July, 1992 but they took about 15 years in filing the written statement in a suit of small cause nature.

8. In the written statement filed on behalf of the defendant No. 2 (hereinafter referred to as tenant) it was pleaded that late H.N. Bahuguna was the tenant of house in dispute at Rs.60/- per month which was increased to Rs.150/- per month on the request of the landlord, the rent up to March, 1989 was paid to the plaintiff landlord and after the death of original tenant (late H.N. Bahuguna who died on 16th of March, 1989), the plaintiff refused to accept the rent which was personally tendered to him. It was sent through mon