FAROOQA BIBI Vs. JUBEDA BIBI

JUDGEMENT

(1.) Vide this order one application under section 151 CPC read with Order 41, Rule 17 CPC for recalling the judgment and decree of this Court dated 14.4.1986 is being disposed of.

(2.) The relevant facts necessary for disposal of this application are that the plaintiff filed a civil suit No. 140 of 1956 for arrears of rent and eviction against two tenants Smt. Rafiqa Bibi and Syed Jainual Sahelin with the averments that the suit premises were let out in April, 1947 and now the same is required by the plaintiff. The defendant No. 1 Smt. Rafiqa Bibi contested the suit while the second defendant-tenant did not appear after service. After trial, the suit was dismissed vide judgment dated 23.8.1960. Appeal filed by the plaintiff-landlord was also dismissed on 13.1.1964. Second Appeal No. 356/1965 was initially dismissed in default on 18.11.1969. This appeal was later on restored but it was again dismissed on the ground of limitation vide order dated 20.9.1972. D.B. Civil Special Appeal No. 9/1973 was allowed by this Court vide judgment dated 1.11.1985 and thus civil second appeal No. 356/1965 was decided on merits vide judgment dated 14.4.1986 and the decree of eviction and for arrears of rent was passed against the defendants-tenants.

(3.) In the meantime the landlord as well as the tenants expired and their legal heirs are contesting the matter.