RAM AWATAR PRASAD Vs. HARKHEN KUMAR JAIN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The legal battle of twenty four years has landed ultimately to this Court by way of this instant appeal in which the order of the trial Court, refusing to readmit the appeal, has been challenged.

(3.) For appreciating the argument advanced on behalf of the parties some factual background may be portrayed;One Krishna Kumar Jain, Secretary of Harkhen Kumar Jain, Digambar Dharmshala as plaintiff filed the title suit No. 23 of 1976 for eviction of the appellant and others on the ground of default, personal necessity and subletting. The defendant contested the suit stating, inter alia, that there was no relationship of landlord and tenant between the parties and the plaintiff had no title over the property. During the pendency of this appeal one Ram Sakkhi Devi filed title suit No. 153 of 1981 for a declaration of title over the suit premises. Her case was that she purchased the property from the real title holder by registered sale deed dated 28-10-1981. The third suit was filed by one Kamla Devi and others being title suit No. 26 of 1982 praying therein for partition of their 3/4th share out of the disputed properties on the ground that they were heirs of original land holder. As the disputed properties in all the suits were the same, they were made analogous and after hearing the suits a common judgment and decree was passed by the trial Court. The suit filed by the plaintiff for eviction was decreed but other two title suits were dismissed.