BHARAT STEEL ENTERPRISES Vs. SOMA DEVI

JUDGEMENT

(1.) THIS is the Defendant 'sappeal against the judgments of two Courts below decreeing the suit of the Respondents -Plaintiffs for possession. The brief facts necessary for consideration of this appeal are that the Plaintiffs instituted a suit for possession and damages for use and occupation of two shops as described in the plaint. The Defendant resisted the suit inter alia on the ground that he was a tenant; the suit was barred under Order 2 Rule 2 of the Code of Civil Procedure and it was bad for non -joinder of necessary parties etc.

(2.) THE averments made by the Plaintiffs may be noticed. Possession was claimed on the basis of title. It was pleaded that the Defendant forcibly trespassed over the two shops and without the consent of the Plaintiffs occupied them in the month of January, 1983. It was inter alia averred that proceedings under Sections 107/151 Code of Criminal Procedure were also instituted against them.

(3.) THE appeal was admitted on two substantial questions of law: