LRS OF BRIJLAL Vs. JAGDISH PRASAD

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and perused the material placed on record.

(2.) In relation to the premises situated at Hanumangarh Town and leased out for commercial purpose, the plaintiffs-respondents Nos.1 to 5 filed a suit for eviction, inter alia, on the ground of second default in payment of rent while alleging that the suit premises were initially taken on rent by late Shri Chunilal and later, his son, the defendant No.1 Shri Brijlal, had been carrying on business therein as the tenant. The learned Trial Court, after taking evidence and hearing the parties, proceeded to decree the suit by its judgment and decree dated 21.11.2001.

(3.) The defendant No. 1 Brijlal preferred an appeal against the judgment and decree so passed by the learned Trial Court. However, it appears that the possession of the suit premises was handed over to the landlord on 18.02.2002 in execution of the original decree. Then, the defendant-appellant Brijlal expired on 07.04.2005. An application came to be moved by the present petitioners before the learned Appellate Court on 04.06.2005 seeking their substitution in appeal as appellants with the submissions that they were the heirs of the deceased appellant Brijlal. The contents of the application read as under:-