1. This Civil Second Appeal is directed against the judgment and decree dated 23-1-2004 passed by the learned District Judge Jammu, whereby the appeal of the appellant against the judgment and decree dated 17-5-2003 passed by the learned City Judge Jammu has been dismissed.

2. Brief facts giving rise to the filing of the present appeal are that respondent No.1, Vinod Gupta, filed a suit against the erstwhile defendant Prithvi Raj Bhasin, seeking his ejectment from the suit Shop on the ground of personal necessity. Said defendant filed his written statement, however before the suit could be decided during the pendency of the suit said defendant expired. Plaintiff filed an application seeking impleadment of the legal heirs, namely Smt. Krishan Bhasin, subhash Bhasin, Abhinash Bhasin, S,t. Usha Sabharwal, Smt. Krishna Kohli and Smt. Sushma Sawhney. Notices were issued to the proposed L. Rs by the learned trail court Smt. Krishna Kohli and Smt. Susham Sawhney did not appear before the trial court to contest the application filed by the Plaintiff; however, Smt. Krishna Bhasin. Subash Bhasin and Abhinash Bhasin appeared and filed their objections. In the objection said L.Rs submitted as follows:

"It is submitted that non-applicants 2 and 3 had executed a lease deed in favour of non-applicant No.1 Smt.Krishna Bhasin widow of Prithvi Raj Bhasin and thereby non-applicants 2 & 3 relinquished the interest with respect to the suit property in favour of Smt. Krishna Bhasin. The relinquishment is also made with regard to tenancy rights of the shop in dispute as it is the only source of livelihood of Smt. Krishna Bhasin Non-applicants 2 & 3 will have no objection in case of Smt. Krishna Bhasin is arrayed as defendant in their place as one of the legal representative of the deceased Prithvi Raj Bhasin. The relinquishement dedd executed by non-applicant 2 & 3 dated 24.04.1998 registed with the Sub-Registrar Jammu on the same day is attached herewith as annexure A."

3. All the three said L.Rs.prayed in their objections that only Smt. Krishna Bhasin be arrayed as a defendant and the names of non-applicants 2 & 3 be delected. It would be pertinent to point Sabharwal and Smt. Krishna Kohli and Sushma Sawhney are three daughters of the deceased, who stood married at that time and were living in respective houses of their husbands. It appears that in view of the stand taken by the said three L.Rs. learned trial court. The trial court by its judgment dated 17-05-2003 decreed the suit in favour of the plaintiff and passed the decree for ejectment against the defendants.

4. As already said the suit was contested by Smt. Krishna Bhasin widow of the deceased and defendants 2&3 who had already relinquished their interest in her favour projected the defence before the trial court that personal necessity of Smt. Krishna Bhasin was greater than that of the plaintiff. It is also apparent from the perusal of the record that the appellant herein Subhash Bhasin appeared as a witness for the defendants and in his statement admitted that he and his brother Abhinash Bhasin did not require the shop in question. According to him same was needed by their mother, Krishna Bhasin defendant. The trial court after appreciating the evidence of the parties through the aforesaid judgment came to the conclusion that the plaintiff has established his case against the defendants. Accordingly the suit was decreed.

5. After the suit being decreed admittedly defendants Krishna Bhasin and Abhinash Bhasin have not filed any appeal for questioning the validity of the decree. Therefore as against them the judgment and decree of the trial court has attained finality. To question the judgment and decree of the trial court only defendant Subhash Bhasin filed the appeal before the learned District Judge Jammu. During the pendency of the appeal the appellant herein also filed an application seeking permission of the court for leading additional evidence. The appellate court has dismissed the ap

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