Heard learned counsel for the defendants-appellants.
Admit on the following substantial questions of law:-
(i) Whether Smt. Lalmani Devi, who was living with late Rajkumar Bhandari in the premises in dispute though not legally married to him can be treated to be his wife by virtue of her long association with him as husband and wife and is entitle to inherit tenancy rights in the property?
(ii) Whether the plaintiff can succeed in a suit for eviction of the defendants from the suit premises without pleading the manner in which the defendants came in possession and occupied the same in as such as she cannot lead evidence beyond the pleadings in view of Order 6 Rule 2 C.P.C.?
Issue notice to the plaintiff-respondent by registered post.
Until further orders of this court the operation of the impugned judgments and orders dated 18.9.2010 and 4.2.2010 passed by the courts below shall remain stayed provided the appellants deposit the entire arrears of rent if any within the one month and continues to deposit it regularly on monthly basis for the subsequent period w.e.f. October 2010 @ Rs.500/ per month by the 7th of each succeeding month.
Order Date :- 7.10.2010 piyush