GULAB BAI Vs. MANPHOOL BAI

JUDGEMENT

(1.) THIS is an application by Manphool Bai under Order 12, Rule 5 of the Supreme-Court Rules, and it is prayed that this Court should issue a certificate that the appeal has not been effectually prosecuted by the appellant.

(2.) THE circumstances leading to this application may be briefly narrated. A suit was brought by Mst. Manphool Bai in November, 1943, for arrears of rent and ejectment against Laduram who was tenant of the shop in dispute, and Mst. Gulab Bai who was also' made a defendant though no relief was claimed against her. It may be mentioned that Manphool Bai claimed to be the daughter-in-law of Gulab Bai by virtue of the adoption of her husband by Gulab Bai, end filed the suit as the widow of the adopted son Phool Chand. THE suit was decreed by the first Court, but on appeal the District Judge set aside that decree, and dismissed the suit. THEreupon, there was a second appeal in this Court, which was allowed on 2-1-1952, and the suit was decreed against Laduram. THEre was then an application for leave to appeal by Mst. Gulab Bai on 28-1-1952, and a certificate was granted to her on 30-9-1953.