SANJAY SHARMA Vs. SAVITRI

JUDGEMENT

(1.) By this second appeal under Section 100 of the Code of Civil Procedure, 1908, the Appellants have challenged legality & propriety of the judgment & decree dated 20-3-1989 passed by the 1st Additional District Judge, Raigarh in Civil Appeal No. 3-A/87 affirming the judgment & decree dated 21 -1-1987 passed by the 2nd Civil Judge Class-I, Raigarh in Civil Suit No. 417A/86, whereby learned Civil Judge Class-I has decreed the suit for eviction against the Appellants herein.

(2.) The present second appeal has been admitted on the following substantial questions of law:

(3.) As per pleadings of the parties, original Plaintiff i.e. predecessor of the Respondents was landlord of the suit accommodation which was given on rent to Baldev Sharma, father of original Defendant Bhanaram Sharma. On the ground of bona fide need for residence and reconstruction, the Plaintiffs have filed suit for eviction against the occupier of the tenanted accommodation namely, Bhanaram Sharma. Bhanaram Sharma had contested the suit and denied ownership of the Plaintiffs. He had specifically pleaded that Ramji Gangji was landlord of the suit accommodation and the suit accommodation was given on rent to Baldev Sharma. Baldev Sharma died in the year 1974 leaving behind three sons namely Harkishan, Bhanaram & Purushottam; widow Smt. Parvati; and three married daughters. All the sons and widow of Baldev Sharma were in possession of the suit accommodation. Therefore, the suit is not maintainable on the ground of non-joinder of necessary party.