TIKARAM Vs. KEHAR SINGH

JUDGEMENT

(1.) This MCC has been filed for setting aside the abatement of Second Appeal No.460 of 1991 on account of death of sole appellant Tikaram, who expired on 24.09.1994 and also for bringing the legal representatives of said deceased appellant on record along with an application for condonation of delay in setting aside the said abatement.

(2.) Undisputed facts of the case, are that, the original plaintiff Kehar Singh had instituted a suit for eviction against the deceased sole appellant Tikaram on the ground enumerated under Sections 12(1)(a) & (c) of the Madhya Pradesh (Chhattisgarh) Accommodation Control Act, 1961 (hereinafter called as 'Act of 1961'). The said suit was contested by the said defendant Tikaram, however, the trial Court by its judgment and decree dated 24.01.1984 in Civil Suit No.78-A of 1983 had decreed the plaintiff's claim entitling him for eviction of the said defendant Tikaram on the grounds enumerated under Sections 12(1)(a) & (c) of the Act of 1961.

(3.) Being aggrieved with the aforesaid judgment and decree, the deceased sole appellant Tikaram preferred an appeal as per the provisions prescribed under Section 96 of the Code of Civil Procedure, 1908 (hereinafter called as 'CPC'). The said appeal was registered as Civil Appeal No.15-A of 1989. The appellate Court, in turn, after considering the facts involved in the matter has dismissed the appeal while affirming the judgment and decree of the trial Court vide its judgment dated 25.10.1991.