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1977 Supreme(All) 121

T.S.MISRA
Hafiz Ali Khan – Appellant
Versus
Mohd. Ishaq – Respondent


Advocates:
I.A. Abbas, for Appellant; S.C. Mathur, for Respondent.

JUDGMENT :- This appeal by the plaintiff arises out of his suit for ejectment of defendants Nos. 1, 4 and 5 from the land in dispute. The facts leading to this appeal may be stated, in brief, as follows : - The plaintiff claimed to have obtained a permanent lease in respect of the land in question from defendants Nos. 2 and 3, who were said to be the owners thereof, and to have obtained consent for the same from Mata Prasad and Mohan Lal, the other co-owners. He also maintained to have purchased the share of Mohd. Ahsan alias Gullar, the other co-sharer. On a portion of that land the defendants Nos. 1, 4 and 5 have raised certain constructions and carry on business therein. The plaintiff alleged that at the time of grant of permanent lease the said defendants Nos. 1, 4 and 5 did not pay Baithki charges to defendants Nos. 2 and 3, hence the plaintiff was entitled to realise that charge from them on the basis of permanent lease aforesaid and also on the ground that he was a co-owner. The plaintiff also asked defendants Nos. 1, 4 and 5 to quit, but the said defendants did not accede to the demand. Consequently, the plaintiff filed the suit which has given rise to this appeal.

2. The su






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