RAJKALI DEVI Vs. XITH A D J ALLAHABAD

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record.

(2.) Sushil Kumar Srivastava, husband of Petitioner No. 1 Rajkali Devi filed suit No. 291 of 1993 Sushil Kumar Srivastava v. Heera Lal, was for arrears of rent and eviction of the tenant Respondent No. 2 from two rooms of house No. 352 Badshahi Mandi, Allahabad. A decree dated 25.5.1993 was issued directing the tenant to pay the arrears of rent and damages @ Rs. 25/- per month instead of Rs. 50/- per month as claimed by the Plaintiff. Aggrieved by the decree dated 25.5.1993, Civil Revision No. 219 of 1993 was preferred by Heera Lal the tenant. Revision No. 226 of 1993 was also preferred by Sushil Kumar Srivastava the landlord against the decree of the trial Court aforesaid for arrear of rent at the rate claimed by the Plaintiff. Both the revisions after admission were transferred and were pending in the Court of XI Additional District Judge, Allahabad.

(3.) During the pendency of the revisions the Plaintiff Sushil Kumar Srivastava died on 16.10.1995. Substitution application 7-C was moved by his widow, two sons and three married daughters, namely Smt. Ranjana Srivastava, Smt Anjana Srivastava and Smt. Karuna Srivastava in revision No. 226 of 1993 filed by the landlord. Another substitution application 13-C was moved by the tenant Heera Lal in revision No. 219 of 1993 filed by him for substitution of Smt. Raj Kali Devi (wrongly typed as Rawali Devi) the widow of the landlord, and his two sons namely Sri Deepak Kumar Srivastava and Sri Sameer Kumar Srivastava stating them to be the only legal heirs and representatives without mentioning daughters of the deceased.