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2011 Supreme(Raj) 2234

MOHAMMAD RAFIQ
Kamalwati Gupta – Appellant
Versus
Kanwari Lal Jain – Respondent


Advocates:
For the Appellant: G.P. Sharma, Counsel.
For the Respondent:R.K. Agarwal, Senior Advocate with Alok Chaturvedi, Counsel.

JUDGMENT

1. - This second appeal was originally filed by plaintiff Smt. Kamalwati Gupta, who was landlord of the respondent, against judgment and decree passed by learned Additional District judge No.2, Jaipur City, Jaipur, reversing the judgment and decree of the Additional Civil Judge (Senior Division), whereby the suit for eviction filed by plaintiff-appellant was decreed on the ground of personal bona-fide necessity. During the pendency of appeal, the sole appellant died on 01.05.2010. An application under Order 22, Rule 3 of the CPC was moved by her counsel for impleadment of partnership firm M/s. Hotel Sweet Dream, of which the appellant was a partner with 33% share with her two sons as shareholders of half each of the remaining. The appellant executed a will on 12.02.2003 bequeathing the disputed shop, let out to defendant-respondent, in favour of the firm M/s Hotel Sweet Dream. The application was therefore made for substitution of original appellant by the said firm. Application was opposed by defendant-respondent and this court by order dated 27.01.2011, as per consent given by the parties, disposed of the application allowing said firm to argue the appeal on behalf of ap























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