BEBALA MUKHERJEE Vs. SUJIT ALIAS SURJIT SINGH

JUDGEMENT

(1.) THIS rule is directed for condo nation of delay in moving the application and on such condo nation for review of the judgment and decree passed by me on [november 30, 1973 whereby on reversal of the judgments and decrees of the Courts below, the petitioner's suit was dismissed.

(2.) THE relevant facts are as follows. Smt. Mrinalini Devi instituted a suit for recovery of possession of a Portion of premises No. 18, Nepal Bhattacharjee Street, Calcutta, which the opposite party held as a monthly tenant at will under her, on ground of her own use and occupation. The allegations were that the plaintiff who was the owner of the premises had no son but only two married daughters, the petitioners in the Rule. The daughters had no suitable accommodation elsewhere and had always lived with her with their respective families. As on account of old age she was suffering from various ailments, for occupation of herself, as also of the said daughters' families the suit premises were reasonably required by her as the accommodation she had was insufficient for the purpose.

(3.) THE suit was contested by the defendant and in the course of the proceeding the plaintiff died and the petitioners were substituted in her place. Thereafter the suit was decreed by the trial court and the decree was affirmed on appeal. In the second appeal preferred there from, I held following the decision in Phoolrani and others vs. S k. Naubat Rai Ahluwalia, air 1973 S. C. 2110, the cause of action of the suit, which was the personal requirement of the plaintiff, was personal and her right to sue did not survive to the substituted plaintiffs in absence of the deceased plaintiff. The appeal was accordingly allowed and the suit was dismissed by judgment dated November 30, 1973.