HAZARI LAL Vs. RAMESHWAR PRASAD

JUDGEMENT

(1.) O. N. Khandelwal, J. One of the defendant has filed this writ petition against the order dated 17-01-2004 passed by J. S. C. C. /adj Bahraich in SCC No. 03 of 1981 Rameshwar Prasad and Ors. v. Shanti Devi and Ors. , whereby he has refused to recognize Des Raj Gandhi as adopted son and legal representative of deceased defendant Mewa Lal.

(2.) RESPONDENT No. 1 and 2 (landlords) had filed a suit for eviction and recovery of rent and damages against tenants Shanti Devi and Vidya Devi (respondent Nos. 3 and 4) and sub-tenants Hazari Lal and Mewa Lal.

(3.) AN objection 46-C was filed whereby it was claimed that Des Raj Gandhi had been adopted by deceased Mewa Lal and, therefore, he is the legal heir and since he has not been brought on record, suit has abated.