- (1.) O. N. Khandelwal, J. One of the defendant has filed this writ petition against the order dated 17-01-2004 passed by J. S. C. C. /adj Bahraich in SCC No. 03 of 1981 Rameshwar Prasad and Ors. v. Shanti Devi and Ors. , whereby he has refused to recognize Des Raj Gandhi as adopted son and legal representative of deceased defendant Mewa Lal.
(2.) RESPONDENT No. 1 and 2 (landlords) had filed a suit for eviction and recovery of rent and damages against tenants Shanti Devi and Vidya Devi (respondent Nos. 3 and 4) and sub-tenants Hazari Lal and Mewa Lal. The defendants Nos. 1 and 2 (namely Shanti Devi and Vidya Devi) who are Opposite party No. 3 and 4 in this writ petition, in paragraph-16 of their written statement admitted this fact that the disputed shop was given to defendant Nos. 3 and 4 (Mewa Lal and Hazari Lal) on partnership and in paragraph 18 they had further admitted that they had started taking rent from them on account of adverse finding by the trial Court and Appellate Court in a suit of accounting. Respondent Nos. 1 and 2 had specifically alleged in the plain that Smt. Shanti Devi and Vidya Devi (respondent Nos. 3 and 4) are their tenants who have sub-let the premises in suit to Mewa Lal and Hazari Lal. The defendant No. 3 died on 16-6-1988. His widow Smt. Ram Janki has also died on 25-10-1996 but application for substitution C-46 was moved on 12-5-2000 stating that the under some wrong impression the plaintiff could not move the substitution application earlier as writ petition filed by Mewa Lal and Hazari Lal was pending in the High Court dismissal of which came into their knowledge in April 2000, besides Mewa Lal has died issue-less whose brother Hazari Lal is already on record.
(3.) AN objection 46-C was filed whereby it was claimed that Des Raj Gandhi had been adopted by deceased Mewa Lal and, therefore, he is the legal heir and since he has not been brought on record, suit has abated. Affidavits of Des Raj Gandhi, Chottey Lal, Ram Janki and Hazari Lal were filed. Their statement was also recorded. Adoption deed dated 1-12-1988 was produced and some documents wherein Des Raj Gandhi is referred as son of deceased Mewa Lal had also been filed.;