SHIBPRAT ALI Vs. AHSAN LAL

JUDGEMENT

(1.) On 6.4.1970, Lalmohammed and Ahsan Ali (since deceased) filed suit against defendant Shivbratlal (petitioner before us) in the Court of Munsif City, Jodhpur, for arrears of rent and ejectment from the suit premises on the ground of default in payment of rent.

(2.) During the pendency of the suit, Lalmohammed expired on October 23, 1971. Plaintiff Ahsan Ali filed an application for bringing the two daughters of Lalmohammed on record as legal representatives of Lalmohammed. Thereafter, the plaintiff filed another application dated 6.2.1973 wherein it was mentioned tht Lalmohammed, by a registered dated October14, 1971, relinquished his rights, title and interest in the suit property in favour of Ahsan Ali and as such, he had been the absolute owner of the property in dispute and there was no necessity of bringing the legal representative of Lalmohammed on record. It was further prayed that Lalmohammed's name may be erased from the array of parties. Ahsan Ali did not file a copy of the relinquishment deed. He, however, urged before the learned Munsif that after the termination of the tenancy, the defendant became trespasser and as such, he was entitled to continue the suit without bringing the legal representatives of Lalmohammed on record. In support of the above contention, he placed reliance on a Single Bench decision of this Court reported in Ramnarain v. Kishorilal,1963 RajLW 459. The petition was opposed by the defendant and ultimately learned Munsif, view order dated 22.10.1973, allowed the application filed by Ahsan Ali.

(3.) Being aggrieved by the above-noted order, the defendant filed a revision before this Court which was registered as S.B. Civil Revision No. 522 of 1973 which came up for decisions before Hon'ble Sen, J. (as he the was). The learned Judge doubted the correctness of decision relied upon by the learned Munsif and as such, referred the matter to Hon'ble the Chief Justice for froming a larger Bench. Thus, this case comes before us.