DEBI DAYAL SHARMA Vs. RAMESH KUMAR AGARWALA

JUDGEMENT

(1.) THIS Second Appeal was admitted on the following substantial question of law :-

(2.) ACCORDING to the plaintiffs the house in question was a part and parcel of their ancestral house, and was let out to the defendant initially on a monthly rent of Rs. 100/- which was subsequently enhanced to rs. 165/ -. According to the plaintiffs the defendant was regularly paying rent till 1982, but then thereafter in spite of demands, failed to do so. The further case of the plaintiffs was that the house, by afflux of time had become dilapidated and they needed the same for their, personal use. Consequently the suit was filed.

(3.) THE defendant appeared and filed written statement denying the ownership of the plaintiffs over the suit house. He stated that neither the plaintiffs had inducted him nor were they the landlords. According to the defendant one Kalabati, wife of Jagannath, was the owner of the suit house and the suit was liable to be dismissed.