GOURI BAHU Vs. GOPALDAS POTORAM JAISW DEVI

JUDGEMENT

(1.) THIS revision application under section 115 of the Code of civil Procedure, 1908 (in short 'the Code') has been filed by the present applicant Smt. Shashi Devi against the order dated 2-8-2004 passed by learned executing Court directing her to obtain probate certificate in order to execute the decreed of eviction passed in favour of decree holder Gouri Bahu.

(2.) THE facts leading to the revision application lie in narrow compass. Smt. Gouri Bahu filed Civil Suit No. 20-A/98 for eviction on the ground envisaged under section 12 (1) (a) of the M. P. Accommodation Control Act, 1961 against the respondent-Gopaldas on the relationship of landlord and tenant. The suit was decree by learned 2nd Civil Judge Class-II, Katni on 31-10-2000.

(3.) AN appeal which was filed by respondent/tenant against his landlord gouri Bahu was dismissed as abated, since Gouri Bahu died.