RAMA SHANKAR PRASAD Vs. SITARAM SAH

JUDGEMENT

(1.) This second appeal by the defendants arises out of a suit instituted by the plaintiff-respondent, for their eviction from a room of a house situated in Gandhi Market in the Town of Sitamarhi. The plaintiff instituted the suit against the three appellants along with their father Ram Swarup Sah who was impleaded as defendant No. 4, The case of the plaintiff, as appears from the statements made in the plaint, was that the defendant-appellant No. 1 took a room of the house in question for the purpose of carrying out a ready-made cloth business in the capacity of Manager of the joint family. Eviction was sought on the ground of default in paying the monthly rentals. I am, however, not concerned with the details of the grounds of eviction as the question that falls for my determination is entirely different.

(2.) Written statement was filed only by defendant No. 1 and no other defendant appeared to contest the suit. Defendant No. 1 also did not controvert the above statement of the plaintiff regarding his representative capacity.

(3.) The trial Court decreed the suit against all the defendants and passed a decree for eviction from the suit premises and also for arrears of rent; the decree against the non-contesting defendants being ex parte.