JUDGMENT

A.M.KHANWILKAR, J.

1. This appeal challenges the final judgment and order dated 19.08.2006 passed by the High Court of Uttarakhand at Nainital in Second Appeal No.1269 of 2001 (Old No.1139 of 1974). By the said decision, the second appeal filed by the respondents-plaintiffs was allowed and their suit for eviction has been decreed.

2. The predecessor in title of the respondents-plaintiffs had filed a suit bearing Suit No.52 of 1966 before the Munsif Court, Nainital in respect of the House Property No.51, Mohalla Sakahawat Ganj, Haldwani, consisting of 6 rooms with toilet, one kitchen and two verandahs. The predecessor in title of the respondents had purchased the said house from one Zamir Ahmad. The predecessor in title of the appellants (defendant) was inducted as a tenant in the said premises during the life time of the previous owner, Akhtari Begum, who died in 1954.

3. According to the respondents, the suit property was gifted by Akhtari Begum to her brother Zamir Ahmad (for short “the donee”) by way of a gift deed dated 31.05.1949. In the said gift deed, the donor has clearly stated that:

“………and I (donor) agree that Taheer Ahmad (donee) has acquired title and possessi