ARUN KUMAR Vs. MAHESH MRIPAL

JUDGEMENT

(1.) THIS is plaintiffs' second appeal in a suit which was between the landlord and tenant. The plaintiffs' suit for arrears of rent was held to be liable to be decreed by the first appellate Court. The plaintiffs' claim for arrears of rent was found to be correct by the first appellate Court, and as a consequence of the above finding normally a decree for Rs. 158 12 should have been passed in favour of the plaintiffs and against the defendant. However, the first appellate Court dismissed the suit on the ground that the original plaintiff Tewari kanhaiyalal has died during the pendency of the suit and his legal representatives have not produced succession certificate

(2.) THE legal representatives are wife of deceased Kanhaiyalal the sons and daughters of Arun Kumar who also died during the pendency of the appeal and who was son of Kanhaiyalal, and daughter's daughters of Vijay Laxmi who also expired and so also son of Gokul Kumari who is daughter of Kanhaiyalal who also expired.

(3.) NO one has appeared to oppose the appeal. The first appellate Court did not grant the decree on the ground that the succession certificate was not produced.