(1.) The instant appeal is against the judgment and decree dated 08.05.2018 passed by the Court of Fourth Additional District Judge, Durg, in Civil Suit No.006446-A/2012 whereby the decree of ejectment and arrears of rent has been passed.
(2.) During the course of admission, this fact was not put to dispute that respondent No.1/plaintiff has attained the age of 92 years. Considering the age of the respondent/ plaintiff, the appeal is finally heard with the consent of the parties.
(3.) Brief facts, in this case, are that, a suit was filed by Smt. Kamla Bai Bhattad against (i) Smt. Sundar Bai W/o. Late Fulchand Bafna (ii) Sanjay Bafna, S/o. Late Fulchand Bafna (iii) Ajay Bafna, S/o. Late Fulchand Bafna & (iv) Hukumchand Bafna. During the course of trial, Smt. Sundar Bai died as such Sanjay Bafna, Ajay Bafna & Hukumchand Bafna remained as defendants.