- (1.) Leave granted. This appeal challenges correctness of the judgment and order dated 20.10.2010 passed by the High Court of Chhattisgarh at Bilaspur allowing Second Appeal No.242 of 1989 and setting aside concurrent decisions of the Trial Court and Lower Appellate Court granting decree of eviction in favour of the appellants.
(2.) Civil Suit No.67-A of 1979 was filed by Vasudev Shyamji and Govind Shyamji, the predecessors of the appellants seeking eviction of one Bhanaram Sharma, predecessor of the respondents from suit house which was described in the plaint as the front portion of house No.189/1, Ward No.18, Raigarh. The eviction was sought on grounds including bona fide need. In paragraph 2 of his written statement Bhanaram stated, " ..It is specifically denied that the plaintiffs are owners of house No.189/1 in Ward No.18 of Raigarh Town. This being a suit for eviction of a tenant the question of ownership is not relevant to the suit."
(3.) Thus though it was denied that the plaintiffs were owners of the suit house, in the very next sentence defendant Bhanaram asserted that the question of ownership was not relevant in the instant suit. Bhanaram entered the witness box and in his cross-examination admitted that the lease from Nazul Department stood in the name of plaintiffs and that the witness himself had produced the same in some other proceedings. It was further accepted that he had paid rent by money orders sent in the name of Shyamji Gangji, father of the plaintiffs.;