GOPI KISHAN Vs. BAJRANG LAL

JUDGEMENT

(1.) THIS is plaintiffs second appeal arises out of the suit for ejectment from the shop in question against the defendant -respondents alleging that the original tenant (deceased Rampratap) had parted with possession of the shop in question with them and as such their possession is unauthorised and they are liable to be ejected under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred as 'Act No. 17 of 1950').

(2.) THE defendant respondents filed written statement denying the averments made in the plaint and pleaded that they are heirs of deceased Rampratap and Smt. Suraj Devi is not his legally wedded wife. It is alleged that they were living with the deceased original tenant Rampratap during his life time and carrying on business with him in the suit shop. With these pleadings the allegation of subletting was denied and they claimed themselves to be tenant of the disputed shop being heirs of deceased Rampratap. Respondent No. 1 claims himself to be. nephew of deceased while respondent No. 2 claims himself to be brother.

(3.) THE learned trial Court after analytical discussion of oral and documentary evidence adduced by the parties and after looking into the relevant provisions of Act No. 17 of 1950 decreed the suit for ejectment against the defendant respondents.