LAWS(RAJ)-2015-4-71

CHANDA DEVI Vs. MANOJ KUMAR AND ORS.

Decided On April 15, 2015
CHANDA DEVI Appellant
V/S
Manoj Kumar And Ors. Respondents

JUDGEMENT

(1.) Petitioner-plaintiff has invoked revisional jurisdiction of this Court to assail the order dated 25 th of November, 2011 rendered by the District Judge, Churu (learned trial Court), whereby efforts made, at her behest to compromise the dispute with respondent-defendants, has proved catastrophic. The learned trial Court, by the order impugned, has declined to verify the compromise allegedly arrived at between the petitioner-landlord and respondents No.1 and 4 to 6 by rejecting her application under Order 23 Rule 3 CPC. By the same order, learned Court below has also rejected the application of sixth respondent under Order 14 Rule 7 read with Section 151 CPC.

(2.) Succinctly stated, facts of the case are that petitioner instituted a civil suit against respondentdefendants for eviction from a shop situated at Gudri Bazar, Churu and also claimed mesne profitss. It is, inter alia, averred in the plaint that shop in question was earlier jointly owned by Ramjeevan S/o Dungarmal, Naresh Kumar S/o Mahaveer Prasad and Chirangi Lal S/o Amolakchand and let out to Shri Shiv Prasad Leela, father of Govindram, at monthly rent of Rs.25/-, on 16.12.1953. The petitioner purchased the shop in question along with the room on the first floor from her predecessor-in-title on 6 th June, 1994.

(3.) In the plaint, there is a reference of earlier suit for eviction against Govindram, by the lineal descendants/legal heirs of Shiv Prasad and Amolak Chand, from the disputed shop.