SURAJMAL Vs. RADHEYSHYAM

JUDGEMENT

(1.) The present appeal arises out of a suit filed by the respondent Radheyshyam for eviction of the original appellant Surajmal from the demised premises comprised of a shop described in the plaint., The premises was in possession of Surajmal in the capacity of a tenant and the respondent-landlord prayed for a decree of eviction on the grounds of personal necessity and default in payment of rent.,

(2.) The trial Court dismissed the suit and the plaintiff appealed. Before the appellate Court the plaintiff urged only the ground of personal necessity which was accepted. The defendant besides challenging the plaintiffs case, raised a plea of res judicata on the basis of a judgment dismissing an earlier suit on the ground of necessity. The appellate Court rejected the plea and decreed the suit. The defendant approached the Madhya Pradesh High Court with an appeal under S. 100 of the Civil P.C. which was dismissed. He thereafter filed the present appeal by special leave before this Court. The appeal was dismissed on the 17th of February, 1987.

(3.) It appears that the sole appellant Surajmal died on 29-6-1983, leaving behind his widow and a number of children mentioned in the application for substitution, filed on 25-8-1983 by Chaturbhuj, one of the sons of the deceased. The substitution application was registered as C.M.P. No. 28400 of 1983. Chaturbhuj claimed the entire estate of his deceased father on the basis of a will which was denied by his mother Sunderbai, widow of Surajmal. When the Civil appeal was placed for final hearing on 17-2-1987, Chaturbhuj pressed the same on merits. It is stated on behalf of Sunderbai that since:no order on the substitution application was made, she did not argue the appeal. However, the appeal was disposed of as stated earlier ,without a formal order of substitution. The Supreme Court office has listed the '!Miscellaneous Petition for orders after the disposal of the civil appeal.