MOTILAL Vs. L RS OF LATE POONAMPURI

JUDGEMENT

(1.) This is a revision against the order of learned Additional District Judge No. 2, Jodhpur dated 11-1-1994 by which he issued injunction in Civil Misc. Appeal No. 320/93 by setting aside the order of learned Munsif dated 4-12-1993.

(2.) I have heard the learned counsel for both the parties.

(3.) The case has a checkered history. One Mohanlal alias Mohanpuri, who was father of Poonampuri-respondent, was tenant of Motilal and Smt. Chhota. The shop in question was let out to him on 28-10-1955 on a monthly rent of Rs. 55/-. Till his death Mohan Lal continued to be a tenant of this shop and carried on his business of halwai. Mohanlal was also carrying on business with his father in the shop. Motilal and Smt. Chhota filed a suit against Mohanlal and Bhanwarlal for eviction sometime in 1967. Both of them filed a joint written statement on 14-12-1967. Issues were framed on 3-6-1969. Counsel named Shri Inder Chand Maloo as their counsel but he pleaded no instructions on behalf of Mohanlal on 22-7-1967. Hence suit proceeded ex parte against Mohanlal. Mohanlal, during the pendency of this suit, died on 13-7-1979. The suit was decreed on 28-7-1988 against Mohanlal and Bhanwarlal. Bhanwarlal filed an appeal which was dismissed. Then a second appeal was preferred before the Rajasthan High Court which was dismissed. Matter went upto the Supreme Court and the decree was confirmed.