TRILOKCHAND JAIN Vs. RATNIBAI

JUDGEMENT

(1.) This is defendant's second appeal filed under Section 100 of the CPC against the judgment and decree dated 6-4-2009 passed by the 9th Additional District Judge (FTC), Durg in Civil Appeal No. 7-A/2006 affirming the judgment and decree dated 30-7-2005 passed by the 9th Civil Judge Class II, Durg in Civil Suit No. 29-A/2001. The original plaintiff-Ramlal @ Ram filed a suit for eviction against the appellant on the ground of Section 12(1)(f) of the M.P./C.G. Accommodation Control Act, 1961 (for short "the Act of 1961"). During the pendency of the civil suit, plaintiff died and his legal representatives were brought on record.

(2.) According to the plaintiff, the suit premises was let out to defendant's father-Roopchand Jain in the year 1969, who was doing cloth business in the suit premises in the name and style of Prakash Vastra Bhandar. After his death, defendant (appellant herein) alone is doing the same business and is also paying rent to him, though receipts were being issued in the name of late Roopchand Jain and his other family members have no right or interest in it.

(3.) The defendant denied the claim, also pleaded that they are 4 brothers, who inherited the tenancy, and therefore, other three brothers were also necessary party in the suit he alone is not the tenant.