DURGADUTT AND ANR. Vs. DURGADEVI AND ORS.

JUDGEMENT

(1.) This revision petition is directed against the order of the Munsiff, Ratangarh, dated September 25, 1972 in Civil Suit No. 239 of 1971.

(2.) The facts giving rise to this revision petition are follows.

(3.) The petitioner filed a suit for eviction in respect of s shop situated in Surajangarh against deceased Juharmal. They sought eviction of the defendant Juharmal on two grounds. Firstly, that the defendants failed to pay rent for a period of more than six months; and secondly, that the plaintiffs required the suit shop reasonably and bonafide for their personal use. The defendant contested the suit and filed his written statement on October 27, 1969. Juharmal expired on December 1, 1970 during the pendency of the suit. On the death of the defendant Juharmal, his legal representatives were brought on record and they are non-petitioners before me. They filed written statement and pleaded that the shop was let-out not to Juharmal, but to his father Jodhraj and the business which was carried on in the shop was a joint family business. The plaintiffs then moved an application on March 28, 1972 for striking out the defence inasmuch as the tenancy did not devolve on the legal representatives of Juharmal after his death.