TIKKAN BAI Vs. DURGA PRASAD

JUDGEMENT

(1.) THESE three appeals arise out of three suits filed by Durga Prasad for ejectment against three different parties in respect of different apartments in the same building situated in the town of Beawar.

(2.) THE suits against Badrimal and Smt. Tikan Bai were decreed by the trial court and the judgments and decrees of the trial court were upheld by the first sppellate court. The suit against Shivenarain was also decreed by the trial court but the judgment and decree by the trial court were reversed by the first appellate court. Consequently, Baridmal and Smt. Tikan Bai have come in appeal against the decrees of eviction passed against them whereas the plaintiff Durga Parsad has filed appeal against Shivennarain from the dismissal of his suit by the first appellate court.

(3.) AS regards appeal No. 47571, even though some more material in the form of a resolution of the Trust and site -plan of the building as it stands today were produced, no further material has been submitted so as to make out a case for personal requirement by the Trust. It has therefore been prayed in this case also that the plaintiff may be allowed to withdraw the suit with liberty to file a fresh suit on the same cause of action.