ASHOK KUMAR GUPTA Vs. GAURI BAGCHI

JUDGEMENT

(1.) This second appeal preferred by the appellants/Lrs. of plaintiff was admitted for hearing on the following substantial question of law :-

(2.) Original plaintiff Ashok Kumar Gupta (who died during the pendency of this second appeal) filed a suit for eviction and arrears of rent against the defendant stating inter alia that he and his wife purchased the land bearing Khasra No. 7848/1 from one Shanti Bai by registered sale deed dated 17/02/1998 (Ex. P/1) and got their names recorded in the revenue records. Thereafter, they constructed suit shop on the said land and let it out to the defendant for monthly rent of Rs. 800/-. Due to his bona fide need, plaintiff required the suit shop and therefore, he served Ex. P/6 upon the defendant to vacate the suit shop but defendant did not vacate the suit shop and failed to pay the rent from August, 1995 to March, 1997 which led to the filing of the suit by the plaintiff.

(3.) Defendant filed his written statement and set up a plea that one Soven Rai is the original owner of the suit shop at present who is running medical shop in the said suit shop and the valid license is also in his name and since, Soven Rai is the necessary party who ought to have been impleaded as a party/defendant in the suit, therefore, plaintiff's suit deserves to be dismissed. He further stated that the land on which the suit shop is built, is a najul land in which plaintiff has no right and title and moreover, since plaintiff's wife Neelam Gupta jointly purchased the land along with the plaintiff from Shanti Bai, therefore, she should also have been impleaded as a party to the suit.