BHAGWATI DEVI Vs. JAI PRAKASH VISHWAKARMA

JUDGEMENT

(1.) THIS a plaintiff's second appeal in a suit for ejectment and arrears of rent on the ground of default and personal & reasonable bona-fide necessity, which was decreed by the trial court but, dismissed by the first appellate court. The plaintiff Smt. Bhagwati Devi W/o Madanmohan purchased the disputed property from Chhitar and Dayal sons of Nanu. The defendant respondent was tenant of Chhitar and Dayal.

(2.) SMT. Bhagwati then filed a civil suit for eviction on the ground of default and bonafide necessity.

(3.) IN this decision, their lordships observed that one co heir to whom the rent is being paid by the tenant and who receives it on behalf of the estate, would be landlord for the purposes of the Act. Reliance was placed on the other judgment of the Supreme Court in Sri Ram Rasricha vs. Jagannath (2 ).