RUKHMANIBAI Vs. RAMDAYAL

JUDGEMENT

(1.) FEELING aggrieved by the impugned judgment and decree dated 28-3-1986 passed by learned Additional District Judge, Burhanpur in Civil Appeal No. 18-A/84 dismissing the suit, this second appeal has been preferred by the plaintiff.

(2.) ORIGINAL plaintiff is Smt. Rukhmani Bai, who filed a suit on 17-4-1979 i. e. near about 29 years ago for eviction on the ground envisaged under section 12 (l) (a) of the M. P. Accommodation Control Act, 1961 (in short 'the Act')against original defendant Ramdayal. The suit was decreed by the learned trial court and the appeal which was filed by the defendant/respondent has been allowed by the impugned judgment and decree and the suit of plaintiff has been dismissed.

(3.) ORIGINAL plaintiff/appellant Smt. Rukhmani Bai died during the pendency of this second appeal and her L. R. Gendalal Gupta has been brought on record as appellant. During the pendency of this appeal original defendant/tenant ramdayal also died and on filing of application for substitution this Court on 26-4-2002 directed to bring his L. Rs. on record.