GORDHANLAL Vs. ANNALS

JUDGEMENT

(1.) THIS is a tenant's second appeal in a suit for ejectment based on the ground of personal necessity. The sole tenant appellant Gordhan Lal has died and an application has been made on behalf of Shankerlal, his nephew; Rajendra Kumar s/o Shankerlal and Ambalal s/o Jagannath Tailor to be impleaded in his place. It is alleged that Shankerlal being the real nephew of the deceased, is his heir, Rajendra Kumar s/o Shankerlal was working with the deceased appellant: in the suit premises which is a shop and Ambalal s/o Jagannath Tailor was also working with him as his associate in the disputed shop and, therefore, they are entitled to continue the appeal as the right to sue survives to them.

(2.) THE application has been opposed on behalf of the respondents.

(3.) SO far as Ambalal is concerned, he also is not an heir as he is not at all related to the deceased. Therefore, his mere working with the deceased as his associate would not make him a tenant of the suit premises.