KANTA DEVI Vs. SHRI RAMESHWAR PRASAD

JUDGEMENT

(1.) The instant revision petition has been filed under Sec. 115 CPC by petitioners-plaintiffs, assailing the order dtd. 15/7/2022 passed by the Court of Civil Judge and Metropolitan Magistrate, South, Jaipur Metropolitan-I whereby their application dtd. 28/5/2022 filed under Order 23 Rule 1 CPC seeking withdrawal of civil suit for eviction, has been dismissed.

(2.) Heard counsel for both parties, perused the impugned order and record.

(3.) From perusal of record, it appears that one civil suit for eviction in respect of suit property bearing Municipal No.1403 sitauted in City Jaipur, Chowkdi Vishveshwarji, Tarachand Nayabki Gali, Jaipur was filed on the ground of bonafide and reasonable necessity. Respondent-defendant Rameshwar Prasad admitted his tenancy stating that the premise was taken on rent from one Pravin Kumar son of Late Rajendra Prasad and contested the suit. During pendency of suit, petitioners-plaintiffs jointly moved one application under Order 23 Rule 1 CPC supported with affidavit of all plaintiffs stating that plaintiff No.1/1 Mahendra Kumar Agarwal, plaintiff No.1/2 Ashok Kumar Agarwal, plaintiff No.2 Smt. Sushila Devi, Plaintiff No.3 Smt. Saroj Devi have transferred their rights in favour of plaintiff No.4 Santosh Devi and she is the sole owner/landlord of suit property. It was stated in the application that defendants have become tenant of plaintiff No.4 and keeping legal rights of plaintiff No.4 intact in respect of suit property, the suit may be allowed to be withdrawn. It may be noticed that no permission for filing a fresh suit was prayed for and plaintiffs sought to withdraw their present eviction suit.