Bhopal (Madhya Pradesh): The High Court, principal bench of Jabalpur, has remanded an eviction suit to the trial court (Bhopal) after 20 years. It is the defendant’s second appeal.
However, the defendant (tenant) is deceased, and his married daughters will appear in the case in the Bhopal court.
As per the HC order, Ratna Devi had rented two rooms in Godda Nakkas, Bhopal, to Kanhaiyalal Hotchand Lodhani in 1994. She filed an eviction suit against Lodhani.
The trial court, on December 18, 2000, said that if Lodhani does not deposit arrears by December 19, his defense against eviction shall be struck out.
Since Lodhani did not comply, his defense was struck out. On March 16, 2001, the trial court closedhis right to cross-examine the plaintiff witness. On January 25, 2003, the decree of judgment was set aside, so the defendant appealed again. His first appeal was dismissed.
Speaking about the court action, advocate Abhai Jain, who appeared on behalf of Ratna Devi, said, “A married daughter does not have any locus standi in an eviction suit. How can the married daughters of a tenant stake their claim as legal representatives? It is not a property division matter in which even married daughters may be legal heirs. It is an eviction suit, and the trial court had closed the rights of the defendant/appellant 20 years ago.”
