Raghuveer Singh vs Mahendra Pratap Singh Chawla ...
2023 Latest Caselaw 3049 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                             ON THE 20 th OF FEBRUARY, 2023
                                             SECOND APPEAL No. 541 of 2016

                           BETWEEN:-
                                 1. RAGHUVEER SINGH S/O LATE SHRI ISSAR
                                 SINGH, AGED ABOUT 78 YEARS, R/O HOUSE NO.3
                                 IDGAH HILLS BHOPAL (MADHYA PRADESH)

                                 2. GURUVINDER SINGH S/O RAGHUVEER SINGH,
                                 AGED ABOUT 48 YEARS, HOUSE NO.3, IDGAH
                                 HILLS, BHOPAL (MADHYA PRADESH)

                                                                                      .....APPELLANTS
                           (BY SHRI BHAVIL PANDEY - ADVOCATE)

                           AND
                           MAHENDRA PRATAP SINGH CHAWLA THROUGH HIS
                           LRS
                           1 AMIT CHAWLA S/O SHRI M.P.S. CHAWLA R/O HOUNSE
                           NO.133 H.I.G./E-7, ARERA COLONY, SHAHPURA, BHOPAL
                           (MADHYA PRADESH)

                           2. DALJEET KOUR CHAWLA W/O SHRI M.P.S. CHAWLA
                           R/O HOUNSE NO.133 H.I.G./E-7, ARERA COLONY,
                           SHAHPURA, BHOPAL (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (BY SHRI PARITOSH GUPTA - ADVOCATE)

                                 Th is appeal coming on for hearing this day, t h e court passed the
                           following:
                                                            ORDER

This second appeal under Section 100 of CPC has been filed against the judgment and decree dated 23.02.2016 passed by Ninth Additional District Judge Bhopal in Civil Appeal No.142/2014 arising out of judgment and decree dated 15.05.2014 passed by Second Civil Judge Class-2 Bhopal in Civil Suit Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 21-02-2023 17:42:01

No.381A/2013.

The facts necessary for disposal of the present appeal in short are that the plaintiffs had filed a suit for eviction and for bona fide requirement for residential purposes only on the ground that the relationship between the appellants no.1 and 2 are not cordial and it is difficult to reside together in the same house. The undisputed fact is that the appellants were in possession of the separate house whereas the another house was let out to the tenant.

I.A. No.6783/2021 has been filed seeking permission to delete the name of appellant no.1 on the ground that appellant no.1 Raghuveer Singh has expired on 14.08.2021.

For the reasons mentioned in the application, the same is allowed. The name of appellant no.1 is permitted to be deleted from the array of cause title.

With the permission of the Court, the amendment is carried out by the counsel for the appellants in the Court itself.

Now the question for consideration is as to whether the cause of action for eviction would still survive or not?

The eviction was sought only on the ground that the relationship between the appellants no.1 and 2 are not cordial and therefore, the appellant no.1 wanted to seek eviction of the respondent so that the said tenanted house can be used for residential purposes of the appellant no.2.

Since appellant no.1 has expired, now therefore the question of mutual disputes between the appellant no.1 and 2 do not exist any more.

Under these circumstances, this Court is of the considered opinion that nothing survives in the appeal.

Accordingly, the judgment and decree dated 23.02.2016 passed by Ninth

Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 21-02-2023 17:42:01

Additional District Judge Bhopal in Civil Appeal No.142/2014 and judgment and decree dated 15.05.2014 passed by Second Civil Judge Class-2 Bhopal in Civil Suit No.381A/2013 are hereby affirmed.

The appeal fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE vc

Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 21-02-2023 17:42:01