L. Nageswara Rao, J. - (1.) I.A. No.131233 of 2013 is an application for substitution filed by Gaurav Aseem Avtej which was allowed on 08.03.2018. The said application was filed on the ground that the first Plaintiff, Sh.Vinod Chandra Gupta died during the pendency of these appeals on 12.11.2010. He asserts his rights over the property in dispute on the basis of a sale deed executed on 29.11.2004 by the first Plaintiff, Sh. Vinod Chandra Gupta.
(2.) For the sake of convenience, the parties will be referred to as arrayed in Suit No.212 of 1981.
(3.) Suit No.212 of 1981 was filed before the learned Munsif, Bijnor by Sh. Vinod Chandra Gupta and his mother Smt. Prakashwati seeking eviction of the Defendant-Corporation and for recovery of the arrears of rent. The learned Munsif refused to decree the suit for eviction. However, the Defendant-Corporation was directed to pay Rs.1700/- towards arrears of rent for the period 1979-81. Both the Plaintiffs and the Defendant-Corporation filed appeals against the judgment of the Trial Court. The First Appellate Court dismissed the appeal filed by the Defendant-Corporation and allowed the Plaintiff's appeal. Consequently, the suit was decreed in favour of the Plaintiffs and eviction was ordered. The second appeals filed by the Defendant-Corporation before the High Court challenging the judgment of the First Appellate Court were allowed. The High Court reversed the judgment of the First Appellate Court and dismissed the suit. Aggrieved by the said judgment, the present appeals are filed.;