GOUTAM CHOUDHURY Vs. GORA CHAND NANDY

JUDGEMENT

(1.) EJECTMENT Suit No.441 of 2002 was instituted by the predecessor-in-interest of the opposite parties 1 to 4 herein for eviction of the original tenant, Sri Bibhuti Bhusan Banerjee and recovery of khas possession of the suit premises. One of the grounds on which eviction of the original tenant was sought is that he had sublet the suit premises in favour of one Ramdas Choudhury (since deceased). On the death of Bibhuti Bhusan Banerjee, his legal heirs were substituted as defendants. The heirs of late Ramdas Choudhury applied for being added as defendants. Their prayer was allowed and they have been contesting the suit.

(2.) DURING progress of the suit, defendant no.1 Smt. Aruna Banerjee died on July 3, 2007 while the defendant no.2 Sri Sekhar Banerjee died on July 18, 2004. The plaintiffs, being the opposite parties 1 to 4 herein, filed an application before the trial Court under Order 1 Rule 10, Code of Civil Procedure (hereafter the Code) alleging that the interest of the defendants 1 and 2 devolved on defendants 3 to 5 who were already on record and, accordingly, a prayer was made for deleting the names of defendants 1 and 2 from the cause title of the plaint. Written objection thereto was filed on behalf of the added defendants, being the petitioners herein. It was claimed therein that the defendant no.1, Smt. Aruna Banerjee died leaving behind her two sons and three daughters as her legal heirs who had not been brought on record and, therefore, the suit must be held to have abated partially.

(3.) ON December 20, 2010, the plaintiffs had also filed an application. It was claimed therein that upon the death of the defendant no.2, the application filed by the plaintiffs for deleting his name was allowed and, therefore, an order may be passed to the effect that there is no necessity to add and/or substitute the legal heirs of the deceased defendant no.2.