TARA SHANKER Vs. MADAN MOHAN PATHAK

JUDGEMENT

(1.) THIS is an appeal against the order of the 1st Additional District Judge, Varanasi dated 23 -4 -1982 whereby, application of the Appellant for setting aside the ex -party order dated 21 -1 -1978 in Misc. Case No. 269 of 1977 was rejected.

(2.) FROM the perusal of the record it appears that one Ras Behari Paranhans had executed a will on 28 -4 -1937 appointing three shebaits. These were.:

(3.) FATHER of Madan Mohan, Respondent, one Tarkeshwar Pathak, was tenant of the portion of the suit property and a suit for eviction was brought against him. Tarkeshwar Pathak's; tenancy rights in the property had fallen on the Respondent Madan Mohan. During the pendency of the suit Madan Mohan got himself appointed as shebait.