KRISHNA DEVI Vs. AHMAD ALI & OTHERS

JUDGEMENT

(1.) The present appeal has been filed by the appellant-original plaintiff under Order XLIII Rule 1(u) of CPC challenging the judgment and order dated 6.10.94 passed by the Addl. Civil Judge (Sr.Div.), Jhunjhunu (hereinafter referred to as 'the appellate court')in Civil Appeal No. 26/85, whereby the appellate court set aside the judgment and decree dated 4.7.85 passed by the Munsiff & Judicial Magistrate, Chirawa, District Jhunjhunu (hereinafter referred to as 'the trial court') in Civil Suit No. 66/81 and remanded the case to the trial court for deciding the suit afresh after impleading the daughters of the deceased Ladu @ Allaudin as the party-defendants in the suit.

(2.) At the outset it may be stated that unfortunately the present appeal through of 1995 has remained pending for admission till this date, without any substantive hearing. Therefore, with the consent of the learned counsels for the parties, the same is decided finally at the admission stage.

(3.) The brief facts giving rise to the appeal are that the appellant-plaintiff had filed the suit being No. 66/81 before the trial court seeking eviction of the respondents-defendants from the suit shop which was originally let out to Shri Ladu @ Allaudin, who was the husband of the original-defendant No.1 and father of the original-defendants Nos. 2 to 5. The said suit was filed seeking possession of the suit shop on various grounds available under the Rajasthan Rent Control Act, 2001 (hereinafter referred to as 'the said Act'). The said suit was resisted by the defendants by submitting the written statement denying the allegations made in the plaint and further contending that there were two daughters of Late Shri Hazi Allaudin @ Ladu, who were necessary parties in the suit and they having not been joined as party-defendants, the suit was not maintainable.