MUNNI BAI Vs. RAM KUNWAR AND ORS.

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dated 9.3.2015 passed by the trial Court. Defendant No. 3's application under Order VI rule 17 CPC has been allowed by the aforesaid order. Facts relevant and necessary for disposal of this writ petition are to the following effect:

(2.) It has been contended in the suit that after death of late Babulal on 28.4.2003 though the licence had come to an end, but respondents-defendants continued to be in possession thereof and since they resisted delivery of possession and took recourse to criminal activity, hence, the instant suit for recovery of possession has been filed.

(3.) Defendants No. 1, 3 and 4 filed separate written-statement on 23.8.2005, 8.8.2005 and 17.3.2006. Defendants denied the plaint averments mainly on the premise that the suit property is of the ownership of plaintiff, instead pleaded that Babulal was the owner of the suit property and after his death defendants hold the title thereof.