SUKH LAL TIWARI Vs. PREM LAL PANDA

JUDGEMENT

(1.) THIS is plaintiff's second appeal. His suit for declaration of title, possession and mesne profits has been dismissed on the plea of res judicata raised by the defendant.

(2.) THE plaintiff had filed earlier, Civil Suit No. 37a of 1967 in the court of the IV Additional Civil Judge, Class II, Jabalpur for the defendant's ejectment and arrears of rent. According to him, the defendant was inducted as a tenant by Mst. Parwatibai. She died in or about 1960. She had executed a will on 13-4-1953 and got it registered under which the plaintiff was the sole legatee. The plaintiff thus became the landlord of the defendant and also the owner of the house. The plaintiff said that he required the accommodation bona fide for the residence of the members of his family and he had no other suitable accommodation of his own in the town.

(3.) THE defendant denied the plaintiff's title. He denied the execution of the will by Parwatibai and her capacity to bequeath. He also denied having paid rent to Parwati or anybody on her behalf. The plaintiff's bona fide need was also denied.