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1980 Supreme(All) 159

DEOKI NANDAN
RAM SEWAK JAISWAL – Appellant
Versus
ABDUL MAJEED – Respondent


Advocates Appeared:
A.MAJEED, H.N.Sharma, KAMESHWAR PRASAD, MAHADEO PRASAD, V.C.SRIVASTAVA

DEOKI NANDAN, J.

( 1 ) THIS is a plaintiffs second appeal in a suit for ejectment from a house. The plaintiffs case was that Aziz Uddin, who was the father of the three defendants; Abdul Majeed, Abdul Hameed and abdul Wahid, took the house in suit as a tenant for eleven months on payment of Rs. 5/- per month as rent, under a Sarkhat dated 12th Oct. 1957. The defendants denied the plaintiffs title and claimed that they were occupying the house as licensees under the original owner thereof. They even alleged that although they had come to know from the proceedings in Suit No. 396 of 1964 (Lakhoo v. Sakina Bibi) to which they and the present plaintiff also were parties, Aziz uddin, had purported to sell the house to the present plaintiff but, according to the defendants, he was not competent to do so as he was a mere licensee. The Sarkhat was also denied and it was contended that at any rate it was inadmissible in evidence for want of registration.

( 2 ) SEVERAL issues were raised in the case. The suit was decreed by the trial court for ejectment and recovery of Rupees 180/- as arrears of rent and damages up to the date of the suit and pendente lite and future at the rate of Rs. 5/- p









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