HARISHBHAI CHUNILAL SHAH Vs. ANILKUMAR CHAMPAKLAL SHAH

JUDGEMENT

(1.) When this matter was called out for hearing, learned Counsel for the parties stated that the opponent No. 3 has expired. Learned Counsel for the petitioner stated that a Civil Application to bring the heirs on record has been filed, but the same is not traceable. However, learned Counsel for the parties agree that the only heirs of the deceased opponent No. 3 are her sons being respondent Nos. 1 and 2 herein. They also agree that respondent Nos. 1 and 2 may be shown as heirs of the deceased respondent No. 3. It is accordingly directed that the respondent Nos. 1 and 2 be shown as heirs and legal representatives of deceased respondent No. 3, and the cause title of this revision application be amended accordingly.

(2.) The pertinent facts, in brief, leading to the present revision are as under :

(3.) The respondents herein as plaintiffs had filed Civil Suit No. 225 of 1980 against the present applicant for a decree of eviction in respect of the suit premises rented out to the defendant, on the ground of arrears of rent and other grounds. Although the suit was contested, it appears that for certain reasons with which I am not concerned, the suit came to be decreed ex parte, by judgment and decree dated 21st January, 1984.