MAN SINGH Vs. RAM KUMARI

JUDGEMENT

(1.) This is the petition by the tenant of property no. 35/471 Naubasta Lohamandi Bharatpur Road, Agra measuring 100 sq. mts. land with Chhappar, challenging the order dated 21.5.2013 passed by the Additional District Judge, Court No. 5, Agra.

(2.) The brief facts of the case are that Sri Fateh Narain Singh alleging himself to be adopted son of Sri Gaya Prasad had filed S.C.C. Suit No. 777 of 1982 in the court of Judge, Small Cause Court, Agra through Sri Amolak Chand, son of Sri Kunnu Lal alleged to be guardian of plaintiff against the petitioner as defendant no. 1 and Sri Shanker Lal as defendant no. 2. Subsequently, Sri Ram Charan @ Nate was impleaded as defendant no. 3 through order of amendment dated 21.5.2001. Later on, he died and word deceased has been mentioned against his name by order of the Court dated 18.5.2010. Sri Tika Ram, father of the petitioner, was the tenant of a piece of land with Chhappar and disputed property situated in Naubasta, Bharatpur Road, Agra being property no. 35/471 at the rate of Rs. 50/- per month. The said suit was filed for eviction and recovery of damages on the ground of default and also on ground of wrongful occupation of Kothari which was not in tenancy.

(3.) It may be mentioned here that the property in dispute was owned by one Sri Gaya Prasad and Fateh Narain Singh was the adopted son of Sri Gaya Prasad. Sri Gaya Prasad had two brothers, namely, Sri Gaya Prasad and Sri Chunni Lal. Sri Gaya Prasad had no son. Sri Chunni Lal had two sons, namely, Amolak Chandra and Sri Fateh Narain Singh. Subsequently, Sri Fateh Narain Singh has been adopted by Sri Gaya Prasad. In this way, Sri Fateh Narain Singh and Sri Amolak Chandra were real brothers. Sri Fateh Narain Singh was unmarried and had no issue. After the death of Fateh Narain Singh, Sri Amolak Chandra inherited the entire property, including the property in dispute. Sri Fateh Narain Singh died during the pendency of the suit. After the death of Fateh Narain Singh, Sri Amolak Chandra has been impleaded as the plaintiff. Sri Amolak Chandra also died during the pendency of suit and, therefore, his wife Smt. Ram Kumari, and son Sri Shiv Narain Singh have been impleaded as plaintiff nos. 1/1/1 and 1/1/2.