MOHINI Vs. GOPALI

JUDGEMENT

(1.) This civil second appeal arises out of a civil Suit for eviction and possession bearing Civil Suit No. 513/64 titled as Smt. Gopali @ Shanti Devi v. Sh. Chothmal and Anr. led way back on 9/12/1964, decreed vide judgment dtd. 30/7/1994 in favour of plaintiff-respondent No. 1 and against the legal representatives of deceased defendant No. 1. The legal representatives of defendant No. 1, preferred First Appeal No. 14/1994, wherein the judgment and decree dtd. 30/7/1994 has been affirmed vide judgment dtd. 3/10/1996 passed by the Court of Additional District Judge No. 7, Jaipur City, Jaipur. This second appeal has been preferred by two legal representatives of deceased defendant No. 1- Chothmal and his other legal representatives have been impleaded as respondent Nos. 2, 3 and 4 as proforma respondents. The civil suit has been decreed in favour of respondent No. 1-plaintiff and against legal representatives of deceased defendant No. 1 (appellants and respondent Nos. 2, 3 and 4) in following manner:-

(2.) Heard counsel for both parties and perused the record as a whole.

(3.) The co-ordinate bench of this Court vide order dtd. 14/5/1997, framed substantial questions of law for consideration in the instant second appeal.