SHOBHA SHINDE Vs. SHUSHEELA BAI

JUDGEMENT

(1.) This appeal by objector under Section 100 CPC is preferred against the concurring order dated 10/2/2005 in miscellaneous appeal No.49/2004 confirming the order dated 25/10/2004 in case No.2A/90X04. The appellant/objector's objection under Order XXI Rule 97 and 104 and 105 CPC has been rejected.

(2.) The relevant facts necessary for disposal of this appeal are to the effect that respondent no.1-Smt. Shushilabai had filed a suit for eviction of tenant/respondent no.2-Ghanshyam s/o Parsadi and respondent no.3/sub-tenant-Sampatrao as landlady/owner of the suit premises on 25/4/1989. Tenancy started from 1/5/1986 between Smt. Shushila and Ganshyam, who unauthorizedly had sublet the same to respondent no.3. On notice, both respondents/ defendants appeared and resisted the suit for eviction. Parties led evidence. The trial court on proper evaluation of the evidence on record, decreed the suit under Section 12(1)(a), (b) and (c) of the M.P. Accommodation Control Act on 9/11/2000 holding inter alia that respondent no.2 was tenant and respondent no.3 was sub- tenant inducted by respondent no.2 unauthorizedly and consequently decreed the suit for eviction of respondents no.2 and 3. First Appeal preferred by both the respondents was dismissed on 30/4/2004.

(3.) Few more facts relevant to be stated are to the effect that appellant-Shobha Shinde during pendency of aforesaid proceedings had also filed a civil suit No.4A/2001 against respondent-Shushila; decree holder, for declaration of title based on the alleged sale deed dated 24/4/1990 on 19/3/2001. The civil suit was dismissed for want of prosecution on 30/1/2004. The application under Order IX Rule 9 CPC filed by her was rejected on 24/8/2004.