NARENDRA NATH Vs. SHRI KRISHNA AND ORS.

JUDGEMENT

(1.) THIS matter has been registered as S.B. Civil Miscellaneous Application No. 49/2006 on the applications moved by the defendant -appellant in S.B. Civil Second Appeal No. 135/1997 for substitution of the legal representatives of the deceased plaintiffs -respondents Nos. 1 and 2, for setting aside abatement, and for condonation of delay in filing the said applications.

(2.) THE relevant background facts and aspects are that in the civil suit filed by the plaintiffs -landlords Sri Krishna, Hari Krishna and Radha Krishna against the present applicant tenant Narendra Nath for eviction from the suit premises on the ground of default in payment of rent, non -user of the suit premises, and reasonable bonafide requirement of the landlord particularly the plaintiff No. 3 Radha Krishna, the defendant -appellant failed to file his written statement in time; and, therefore, no issues were framed. After taking evidence and hearing the parties, the learned Trial Court in its judgment and decree dated 22.03.1994 held proved the reasonable and bonafide requirement of the landlord and also decided the question of comparative hardship in favour of the plaintiffs; and further held proved the fact that the suit premises were not used regularly for six months prior to the filing of the suit for the purpose they were let to. The learned Trial Court, therefore, granted decree for eviction on the ground of reasonable and bonafide requirement and so also on the ground of non -user of the premises.

(3.) THE defendant -appellant preferred the aforesaid second appeal to This Court while arraying the legal representatives of the deceased plaintiff No. 3 Radha Krishna as the respondents No. 3/1 to 3/5. The said appeal was admitted on 28.07.1997 while formulating the following substantial questions of law: