HANS RAJ Vs. SHAKUNTALABAI

JUDGEMENT

(1.) THIS is defendant's second appeal against the decree for eviction passed against him and respondent No. 2 Gopilal concurrently by both the Courts below.

(2.) THE suit was filed by respondent No. 3 Nageshwar and Parwatibai (since dead) against respondent Gopilal and Hansraj (since dead) on the grounds under Sections 12(1)(a) and 12(1)(c) besides 12(1)(e) of M.P. Accommodation Control Act. Plaintiff Parwatibai died when suit was pending in the trial Court. Before any application could be made by her legal representatives, the sole surviving plaintiff Nageshewar appeared before the Court on 26.3.1973 and got the suit dismissed on the ground that he did not wish to prosecute it. Respondent No. 1 Shakuntalabai filed an application before the Civil Court for bringing here name as legal representative of Parwatibai in the said civil suit. The application was registered as MJP after hearing both parties, the learned trial Court allowed the application and permitted Shakuntalabai to be brought on record of the civil suit in place of Parwati bai. The suit was accordingly restored. Order-sheet dated 29.1.1974 of the Civil suit shows that the suit was registered on its original number and necessary amendments were ordered to be carried out in the plaint. On 27.9.1974, Nageshwar appeared before the Court and again submitted that he does not wish to continue the suit. However, Shakuntalabai opposed his prayer and submitted that she wished to continue the suit. On an application made by her, Nageshwar was transposed as defendant, as per order-sheet dated 9.11.1974 and that is how Nageshwar became defendant and a proforma respondent before this Court.

(3.) THE learned trial Court passed a decree on the ground of arrears of rent and sub-tenancy. The Court below held that Hansraj was inducted as sub-tenant by Gopilal.