BHAGWAN AGARWALLA ALIAS MARWADI Vs. PURANMAL BHUT

JUDGEMENT

(1.) Original appellant, since deceased, as plaintiff instituted Title Suit No. 16/2 of 1975-1 of the Court of the Subordinate Judge, Rairangpur, Mayur- bhanj against the original defendants-respondents Nos. 1 and 2, since deceased, for declaration of title in the suit property comprising land and structure, eviction of defendants Nos. 1 and 2, recovery of khas possession, arrear of rents and mesne profits.

(2.) During pendency of the 'present appeal, the original appellant andirespondents Nos. 1 and 2 died. Their heirs ;have been substituted in their place. .

(3.) In the'plaint the original appellant Bhagwan Agarwalla has claimed that he is the owner of the suit property and the principal defendants Nos. 1 and 2 were inducted by him as tenants therein. According to the said plaintiff he determined the tenancy on and from october. 1, 1974 and asked the defendants 1 and 2 to vacate,, but they refused to vacate and denied his title to the suit property. ,