RENU DEVI KUCHERIA Vs. TRAVINI DEVI TEWARI

JUDGEMENT

(1.) Heard Mr. S.P. Roy, the learned counsel for the Petitioners and Mr. B.K. Jain, the learned counsel for the Respondent.

(2.) By filing this application under the provisions of Section 114 read with Order XLVII Rule 1 and Section 151 of the Code of Civil Procedure (CPC for short), the applicant has prayed for review of the judgment and order dated 10.03.2016 passed by this Court in CRP No. 96/2015.

(3.) Bhawri Devi Tewari and Bhagwati Devi Tewari (since deceased) were the plaintiffs in T.S. No. 87 of 1977. The said suit was renumbered as T.S. No. 16 of 1983. Chouthmal Kucheria was the original defendant in the suit. The plaintiffs sought for eviction of the defendants from the suit house described in Schedule of the plaint. The suit house was a two storied house and premises, including godowns, kitchen and latrine situated at SRCB Road, Fancy Bazar, Guwahati. The monthly rent for the said premises was Rs.400/- per month. During the long drawn suit, the sole defendant had died and in his place "Jaichan Lal Kucheria, son of Chouthmal Kucheria, for and on behalf of Hindu Undivided Family (HUF for short) Firm M/s. Chouthmal Jaichan Lal" was substituted. On an application made by Smt. Renu Devi Kucheria, she was impleaded as Defendant No.2 vide order dated 14.10.1985. By virtue of order dated 04.02.2009, passed by this Court in CRP No. 279/2008, Vineet Kucheria was impleaded as Defendant No.1 as LRs of Jaichan Lal Kucheria. During the pendency of the suit, the original plaintiffs had also died and present respondents No. 1 to 5, namely, Travini Devi Tewari, Mahabir Prasad Tewari, Samswarup Tewari, Jai Prakash Tewari and Manoj Kumar Tewari were substituted as LRs of Plaintiff No.1- Bhawri Devi Tewari and Respondents No. 6 to 8, namely, Arjun Tewari, Shobha Tewari and Manju Tewari were substituted as LRs of Plaintiff No.2- Bhagwati Devi Tewari. Owing to enlargement of pecuniary jurisdiction, the suit was transferred to the Court of learned Munsiff No.1, Guwahati, where it was renumbered as T.S. No. 231/2006.