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1994 Supreme(Del) 103

D.K.JAIN, D.P.WADHWA
MOHAMMAD ILYAS – Appellant
Versus
MOHAMMND ADIL – Respondent


Advocates Appeared:
B.I.SINGH, M.Ahmed

D. P. WADHWA, J.

( 1 ). This is defendants appeal against the judgment and decree dated 24 August 1985 of the Sub Judge. First Class. Delhi, whereby the suit of the plaintiffs-respondents was decreed. A decree of possession was passed in favour of the plaintiffs against the defendants respecting shop bearing No. 660, Ward No. VII, Bazar Farashkhana. Delhi.

( 2 ) THE plaintiffs being the legal representatives of deceased Mohd. Aqil filed the suit for possession in January 1973. Principal contesting plaintiff would be Mohd. Adil (the First plaintiff) son of Mohd. Aqil. There were lour defendants. Defendants land 2 (now the appellants)arcstepbrolhcrs of Mohd. Aquil. They are all. however. sons of Mohd. Yunus. The third respondent is the daughter of Mohd. Aqil, now living in Pakistan, and fourth is Bholanath. purchaser of the property in question from the Competent Officer under the Evacuee Interest (Separation) Act, being a composite property. Plaintiffs said that shops No. 660 and 661. Ward No. VII. Bazar Farashkhana. Delhi, were in the tenancy of Mohd. Aqil, his father, at a monthly rent of Rs. 13. 00 and that Mohd. Aqil died on 26 March 1961. Plaintiffs, therefore, claimed the ten













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