NAVRATAN LAL AGARWAL Vs. RAGHUNATH

JUDGEMENT

(1.) Instant second appeal is preferred aggrieved from judgment dtd. 15/10/2008 in civil regular appeal No.06/2008 passed by learned Additional District Judge No.9, Jaipur City, Jaipur, wherein an appeal preferred by respondent defendant aggrieved from judgment and decree dtd. 8/1/2008 in civil suit No.185/1982 passed by learned Civil Judge (Junior Division) Jaipur West was allowed and decree for eviction in favour of present appellant plaintiff was set aside.

(2.) The facts giving rise to the instant second appeal indicate that a civil suit for eviction, arrears of rent and perpetual injunction was filed by Mandir Girdhari Ji Trust and 6 other persons (total seven) against Bhanwar Lal, Raghunath, Ghanshyam, Hanuman and Prakash (total five) on 26/6/1982. During pendency of civil suit a joint written statement was filed by defendant Nos. 1 to 5. During pendency of this civil suit defendants Hanuman, Ghanshyam and Prakash entered into compromise with original plaintiffs and this compromise was exhibited as Ex.4. As per compromise, defendant Nos. 3 to 5 had acknowledged the tenancy and handed over partial possession of the suit property to the plaintiffs. The suit was continued against Bhanwar Lal and Ragunath.

(3.) After attestation of compromise between original 7 plaintiffs and defendant Nos. 3 to 5 on 5/7/1989, a prayer is made to continue civil suit against defendant No.1 Bhanwar Lal and No.2 Raghunath. During pendency of civil suit, an application under Order XXII rule 10 CPC was filed on 8/12/1995 to substitute and implead Navratan Lal Agarwal in place of original plaintiffs, who acquired the suit property by way of registered sale deed on 18/8/1988. The trial court has allowed the application on 16/9/1996 and permitted present appellant Navratan (purchaser during pendency of civil suit) to continue the civil suit.