TEKCHAND AND ORS. Vs. KHEMCHAND

JUDGEMENT

(1.) The present first appeal has been filed by the defendantTekchand S/o Gulab Roy, under Section 96 of the Code of Civil Procedure, 1908 in this Court on 11.01.2005, aggrieved by the decree of possession, ejectment in respect of suit Shop No.2 (measuring 8' x 10') sitauted at Sri Ganganagar, which was initially let out by Smt. Surati Devi, wife of plaintiff/respondent Khem Chand, on 23.05.1985 to one Kuldeepchand S/o Tekchand. The said Kuldeepchand, pre-deceased his father, Tekchand on 11.05.1993, whereas the defendant, Tekchand, expired on 23.05.2009 during the pendency of the present first appeal and his legal heirs were taken on record, whereas the wife of pre-deceased Kuldeepchand, Saroj Bala is said to have remarried and was not at good terms with defendant Tekchand.

(2.) The present first appeal has a background litigation also in the form of an eviction suit filed by the plaintiff, Khemchand, viz. Civil Suit No.42/1994 against LR's of Kuldeepchand, namely, Saroj Bala and her minor daughter, Ms. Priyanka, in which the present defendant-Tekchand, was also impleaded as party-defendant on his application filed under Order 1 Rule 10 CPC as guardian of Ms. Priyanka, but the appellate court of learned Additional District Judge, Sri Ganganagar, in Appeal No.72/1997- Khemchand Vs. Saroj Bala W/o Kuldeepchand and others, remanded the matter back to trial court for deciding the question of relationship of Tekchand, father of original tenant, Kuldeep, as to whether he was tenant of plaintiff Khemchand or not in the suit shop but upon remand vide order dated 27.07.1992, before the said issue could be decided by the trial ourt the Suit No.42/1994 itself was withdrawn by the plaintiff, Khemchand on 05.07.1999, without seeking any liberty of the trial court to institute any fresh suit. Thereafter, the present Suit No.57/2004- Kham Chand (D) through LRs Vs. Tekchand, was filed against the defendant Tekchand, for seeking his ejectment from the suit shop in question and the plaintiff Khemchand came to the Court in the present Suit No.57/2004 with the case that defendant Tekchand had forcibly taken possession of the suit shop in question as trespasser by breaking open the locks after it had remained closed for three years on account of his dispute with his daughter-in-law, Smt. Saroj Bala, widow of his pre-deceased son Kuldeepchand, who was the original tenant and even proceedings under Section 145 Cr.P.C., were filed by the father-in-law, Tekchand (defendant herein) against his daughter-in-law, Smt. Saroj Bala, and thus the present suit was filed.

(3.) The present suit filed by the plaintiffs/respondents came to be decreed by the learned trial court of District Judge-Special Judge, NDPS Cases, Sri Ganganagar,vide judgment and decree dated 19.11.2004 in favour of plaintiffs, against which the present first appeal has been preferred by the defendant, Tekchand, who is now represented by his legal representatives, Smt. Laxmi Devi, Rajendra etc.