JAGAT NARAIN JAISWAL Vs. TOTA RAM

JUDGEMENT

(1.) It is a shocking case.

(2.) It is unfortunate that although 30 years are going to expire shortly, but the decree holders/respondents have not been able to reap the fruits of the decree and to get the possession over the property in question. The present appeal arises out of proceedings under Order IX Rule 13, C.P.C. Two persons namely, Jagat Narain Jaiswal appellant No. 1 and Amrit Lal Gupta, appellant No. 2 who were impleaded as defendants in the suit being sub-tenants in the Court below filed two separate applications for setting aside the ex parte decree in the Court below. These miscellaneous applications have been decided by a common order dated 2nd of September, 2000.

(3.) Tota Ram and others instituted Suit No. 175 of 1968 for possession and for recovery of arrears of rent and damages against the defendants. It was pleaded that the plaintiffs are owners and landlords of the premises No. 85/47, Cooperganj, Kanpur. The said premises was originally let out to Sri Chandra Shekhar and Chandra Bhal on monthly rent of Rs. 175. Shri Chandra Shekhar expired and his sons stepped in his shoes and were impleaded as defendant Nos. 2 and 3. The tenancy was terminated by a registered notice dated 28.12.1967 given under Section 3 (1) (a) of U. P. Act No. 3 of 1947. Shri Chandra Bhal and defendant Nos. 2 to 4 illegally sublet the various portions of the tenanted accommodation to the several sub-tenants and they were impleaded as defendant Nos. 5 to 12. The defendants were served and some of them filed written statement. They contested the suit up to the framing of issues. Thereafter the suit proceeded ex parte and it was ultimately decreed on 24th September, 1974.