CHANDRASEN SHIVLAL JAIN Vs. SURESH CHAND GULAB JAIN

JUDGEMENT

(1.) This revision is directed against the impugned order dated 1/12/2000 in Civil Suit No. 286-A/99 by IIIrd Civil Judge Class- II, Bhopal, whereby the application under Order 6, Rule 17, Civil Procedure Code of defendant/petitioner has been rejected.

(2.) The plaintiffs/respondents filed a suit for eviction against the petitioner/tenant. The suit is being resisted by the defendant/ petitioner, who filed his written statement after seeking several adjournments in that regard. The plaintiffs/respondents in para 3 of the plaint (Annexure A-1) pleaded that the suit property was the ancestral property of plaintiffs, and initially Dwarka Prasad was inducted in the suit premises as tenant. It was further pleaded that after the death of original tenant Dwarka Prasad, the defendant/petitioner inherited the tenancy rights in the suit premises. It was also pleaded that in the family partition of plaintiffs, the suit property was allotted in the share of Choudhary Gulab Chand Jain. The plaintiff/respondent No. 1 succeeded to the property by virtue of Will dated 28/10/1998, executed by Choudhary Qulab Chand Jain and that he is the sole owner and landlord of the suit property. It was further pleaded in the plaint that in order to avoid any controversy, the other plaintiffs/respondent Nos. 2 and 3 have also been joined in the suit.

(3.) The defendant/petitioner in his written statement specifically admitted that a 'Kiraya Nama' was executed as pleaded by the plaintiffs and it was also admitted that Dwarka Prasad has taken the suit premises on rent from the plaintiffs. The fact of partition amongst the family members of the plaintiffs was also not denied specifically and ignorance in that regard was pleaded.