B. N. Sapru, J.

1. This writ petition arises out of a suit filed on 11-4-1977 by Rang Nath son of Siya Ram Sahu against the State of Uttar Pradesh and the Chief Medical Officer (Civil Surgeon), SSPG Hospital, Varanasi. In the suit, Paras Nath and Badri Nath who were sons of Siya Ram Sahu, were also arrayed as respondents.

2. The petitioner's suit was filed in the Court of Judge Small Causes, Varanasi, and was numbered as SCC Suit No. 363 of 1977. The petitioner stated that the defendants nos. 1 and 2, namely the State of U. P. and the Chief Medical Officer, Varanasi, were tenants of two premises bearing Corporation No. K/65/85 and part of House No. K/65/86 situate in Mohalla Gola Dina Nath, Varanasi City, on a monthly rent of Rs. 200/- of a joint Hindu family whose head was Siya Ram Sahu. It was the case of the petitioner that during the life time of Siya Ram Sahu a family settlement had taken place and as a result of which the petitioner became the exclusive owner of the houses in suit and became entitled to realise the rent from the government defendants. It was further the case of the petitioner that after the death of Siya Ram Sahu on 3-3-1973, he allowed Smt. Ram Kunwa