GURU BUX SINGH Vs. KHEM SINGH

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC is directed against appellate judgment and decree dated 24.02.1999 passed by Additional District Judge No.2, Jodhpur, whereby, the judgment and decree dated 13.12.1996 passed by Additional Civil Judge (Junior Division) No.1, Jodhpur has been modified.

(2.) THE facts in brief may be noticed thus : a suit for eviction on the ground of default in payment of rent was filed on

(3.) THE application filed by the applicant Khem Singh was allowed by the trial court on 20.01.1982, inter alia, on coming to the conclusion that during the life time of Maji Leel Kanwar, the suit property was sold to Khem Singh and Maji Leel Kanwar was also a Trustee in the Trust and, therefore, the transfer in favour of Khem Singh has taken place during the life time of Maji Leel Kanwar, as such, the applicant was entitled to be substituted as plaintiff; the trial court also opined that there was no substance in the argument of the defendant that after transfer by Maji Leel Kanwar the Trustees have not become the parties to the suit and, therefore, Khem Singh cannot be substituted as, in the opinion of the trial court, the position of Khem Singh was the same, which was that of his predecessors in title Trust or that of Maji Leel Kanwar.