MOHAN DAS GOYAL Vs. GOPAL DAS

JUDGEMENT

(1.) THE litigation which has come to this Court arose more than two decades back. The way parties have proceeded in this case it becomes apparent that the end of this litigation is no where in sight. An effort was made to bring about some settlement. Case was adjourned from time to time. The parties have expressed their inability to meet a meeting point.

(2.) ORIGINAL tenant Babu Lal has since died. He is now represented by his legal heirs who figure as respondents no. 1 to 7. The petitioners and his brothers along with their mother filed a civil suit. This suit was filed seeking eviction. It was staled that the respondent tenant was in arrears, and therefore, he was entitled to decree for possession. A counter claim was also filed. In this a prayer was made that the plaintiff be restrained from illegally dispossessing the petitioner. In the mean time the Municipal Council, Shivpuri formed an opinion mat the building in question is in a dilapidated addition and this building was 'demolished. On the happening of this event an application was filed. It was sought to be urged that as the shop in question no longer exists this suit has been rendered in fructuous. This was also stated that the counter chain filed by the respondent -tenant Babulal is also not worth further trial.

(3.) ANOTHER factor which is required to be taken note of is that in the meantime on the site in question shops have been constructed. These shops abut on road to Dharmshala road and the other side abuts on the road described as approach road to Gandhi Chowk. It has accordingly been pleaded that it is not possible to restore the possession.