ASHOK KUMAR Vs. S.R. VERMA

JUDGEMENT

(1.) THIS Judgment shall also govern the disposal of connected Second Appeal No. 39/2006 as both arise from a common Judgment and decree passed by XXth Additional District Judge Indore. For the sake of convenience I have taken up the above appeal as the main case, which has been preferred by the tenants. They have lost in both the Courts below. Dispute relates to eviction of appellants from a non-residential accommodation situated in Kesera Bazar Indore more particularly described in the plaint. The other appeal is by the co-owner of the suit accommodation. Both appeals were admitted on 7.3.2006 on the following substantial questions of law :-

(2.) FACTS , relevant for deciding these two appeals are as under. In this appeal we are concerned with three real brothers, viz. Ganga Prasad, Uma Shankar and S.R. Verma. There is no dispute that appellant No. 2 Gulabchand is the son-in-law of another brother Tapti Prasad and appellant No. 1 Ashok Kumar is the son of Gulabchand.

(3.) AS usual, appellants in the written statement not only denied each material allegation of plaint but raised a counter claim that their deposition in an earlier eviction suit against another tenant Ratanlal, are not binding upon them and the rent receipts in favour of S.R. Verma were obtained under coercion. They further claimed that they could not to be ejected without the consent of co-owner Uma Shanker, who was necessary party to the suit.