- (1.) This second appeal under Section 100 CPC is directed against judgment and decree dated 25.03.2009 passed by Civil Judge (Senior Division), Nathdwara decreeing the suit filed by the respondent-plaintiff for possession of shop, arrears of rent and mesne profit and appellate judgment and decree dated 27.04.2012 passed by Additional District Judge, Nathdwara, whereby, the appeal preferred by the appellant-defendant was rejected.
(2.) The facts in brief may be noticed thus: the plaintiff Gopal son of Fateh Lal Arora filed a suit, inter alia, claiming that the shop in question was on rent with the defendant at Rs.700/- per month; as the said shop was required by him, he had issued notice to the tenant terminating the tenancy w.e.f. 30.04.2004 and asked for possession; in reply to the notice, the defendant denied the ownership of the plaintiff; the plaintiff claimed vacant possession of the shop, outstanding rent of Rs.1,400/- and mesne profit @ Rs.5,000/- per month from 31.05.2004.
(3.) A written statement was filed by the defendant-appellant, inter alia, contending that the shop in question was owned by Fateh Lal, who was succeeded by his daughter Manhori Devi, who has also died, who has a son Subhash, Radha Devi and Munna Devi are daughters of Fateh Lal and Gopal is not the sole owner of the shop. As the other legal representatives of Fateh Lal have not been impleaded as party, the suit was not maintainable; the notice issued was illegal and the suit was not maintainable in absence of the other legal representatives.;