JUDGMENT

1. The present appeal filed under section 96 of the Civil Procedure Code calling in question the judgment and decree dated 27.2.2019 passed by learned 2nd Additional District Judge to the 1st Additional District Judge, Bhopal in RCS No.485-A/2011 (O. N. Thassu (Dead) through LRS & Ors. v. Smt. Malti Osle), wherein the suit filed by one O.N. Thassu for eviction of appellant from the suit property suit property situated at E3/4C, Arera Colony Bhopal along with ground floor and rooms, which have been described in the plaint and also marked in the map.

2. The case of the original plaintiff O.N. Thassu was that the appellant/defendant be evicted from the suit premises and balance amount of rent amounting to Rs.86,124/- as well as rent from 19/09/2011 till eviction of the defendant/appellant at the rate of Rs. 3,953/- per month be granted with rate of interest @ 18%.

3. The undisputed facts of the case are that the suit house is owned by one Smt. Uma Devi Thassu, who was wife of Shyamlal Thassu, who died and thereafter, her legal representatives became owner of the suit property and O.N. Thassu original plaintiff was one of legal representative of Smt. Umadevi Thassu. The case of