SONA DEVI Vs. GHANSHYAM DASS

JUDGEMENT

(1.) THIS petition is directed against the Judgment dated 31.7.1991 passed by the Additional District Judge, Gonda dismissing the appeal against the judgment of the Prescribed Authority rendered on 5.12.1987.

(2.) THE facts which were not disputed in this petition were that father of one Hari Ram was a tenant in the property in dispute. After his death, Hari Ram became the tenant. He was missing for a long period of time exceeding seven years and the shop was being run by his widow. He also has three sons. The opposite party No. 1 moved application for eviction of the petitioner on the ground that the shop was required by him for doing business. The application was contested by the petitioner and the need of the landlord was challenged. One of the pleas which had been raised was that on death of Hari Ram, his wife and sons had become the tenants in the shop and the proceedings having not been filed against the sons, they were bad.

(3.) ABOUT the maintainability of the application only against the widow of Hari Ram, it was urged on behalf of the petitioner that Hari Ram was survived by his widow and three sons and the tenancy cannot be brought to an end by proceeding against only the widow without giving any notice to the other heirs or impleading them as parties.