RAM CHANDRA Vs. RAM SARUP GUPTA

JUDGEMENT

(1.) THIS is plaintiff's appeal whose suit for declaration has been dismissed by both the Courts below.

(2.) ORIGINALLY one Phula was the tenant in the shop in dispute. He died on 17.12.75. The defendant-landlord Ram Sarup Gupta filed an ejectment application before the Rent Controller against the heirs of the said tenant. However, the said ejectment application was dismissed by the Rent Controller on 7.10.1980. Later on, the landlord Ram Sarup Gupta filed a suit for ejectment against the said heirs of the tenant. The civil suit was decreed on 24.9.83. An appeal was filed against the said decree of the trial Court which was dismissed by the way of compromise on 10.2.83. The defendants in the said suit were allowed to vacate the premises after three years of the passing of the decree by the Appellate Court.

(3.) THE learned counsel for the plaintiff-appellant has cited Mani Subrat Jain v. Raja Ram Vohra, 1980(1) RCR 325 (SC) : AIR 1980 SC 299 to contend that the plaintiffs after the death of the Phula tenant became the tenants in the shop in dispute, and, therefore, they could not be ejected in execution of the civil court decree.