AMBUMAL Vs. SANTOSH KUMAR

JUDGEMENT

(1.) This first appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against judgment/ decree dtd. 23/4/2013 passed by Seventh Additional District Judge, Raipur (C.G.) in Civil Suit No. 14-A/2011, wherein the said court dismissed the suit filed by the appellants/ plaintiffs for eviction of the respondent from house bearing No. 50/175 situated at Ward No. 65, Khokhopara, Raipur (C.G.).

(2.) As per the appellants/ plaintiffs, appellant No. 1 and his real brother Sunderdas jointly owned a house as mentioned above. After death of Sunderdas on 24/1/1992, his three daughters namely Nirmala Devi, Meera Bai and Sati Bai who are appellants/ plaintiffs No. 2 to 4, were co-owner of the suit house. The respondent/ defendant is tenant of the appellants on the basis of oral agreement. The agreed rent of the house is Rs.1500.00 per month. From 1/7/2006, the respondent stopped the payment of rent till 1/5/2009 and did not pay the same even after issuance of legal notice on 6/2/2009 i.e. why the suit was filed, but the same was dismissed by the trial court contrary to the facts and legal aspects of the matter.

(3.) Learned counsel for the appellants submits as under:-