SUBHASH BHASIN Vs. VINOD GUPTA

JUDGEMENT

(1.) THIS Civil Second Appeal is directed against the judgment and decree dated 23 -1 -2004 passed by the learned District Judge Jammu, whereby the appeal of the appellant against the judgment and decree dated 17 -5 -2003 passed by the learned City Judge Jammu has been dismissed.

(2.) BRIEF facts giving rise to the filing of the present appeal are that respondent No.1, Vinod Gupta, filed a suit against the erstwhile defendant Prithvi Raj Bhasin, seeking his ejectment from the suit Shop on the ground of personal necessity. Said defendant filed his written statement, however before the suit could be decided during the pendency of the suit said defendant expired. Plaintiff filed an application seeking impleadment of the legal heirs, namely Smt. Krishan Bhasin, subhash Bhasin, Abhinash Bhasin, S,t. Usha Sabharwal, Smt. Krishna Kohli and Smt. Sushma Sawhney. Notices were issued to the proposed L. Rs by the learned trail court Smt. Krishna Kohli and Smt. Susham Sawhney did not appear before the trial court to contest the application filed by the Plaintiff; however, Smt. Krishna Bhasin. Subash Bhasin and Abhinash Bhasin appeared and filed their objections. In the objection said L.Rs submitted as follows:

(3.) ALL the three said L.Rs.prayed in their objections that only Smt. Krishna Bhasin be arrayed as a defendant and the names of non -applicants 2 & 3 be delected. It would be pertinent to point Sabharwal and Smt. Krishna Kohli and Sushma Sawhney are three daughters of the deceased, who stood married at that time and were living in respective houses of their husbands. It appears that in view of the stand taken by the said three L.Rs. learned trial court. The trial court by its judgment dated 17 -05 -2003 decreed the suit in favour of the plaintiff and passed the decree for ejectment against the defendants.