Kallan vs Mohammad Nabi Khan - 1932 Supreme(All) 246

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1932 Supreme(All) 246

BENNET
Kallan – Appellant
Versus
Mohammad Nabi Khan – Respondent

JUDGMENT

Bennet. J.

1. This is a second appeal by defendants 1, 3, and 4 against a decree of the lower appellate Court granting the plaintiff possession of a certain house. The suit of the plaintiff was brought on 31st July 1929 on a sale-deed dated 23rd May 1929, by defendant 2, Mst. Ahmadi Begam, of the house in question along with other property to the plaintiff. The plaint set forth that defendant 1, Kallan, was a tenant of the vendor Mst. Ahmadi Begam paying rent to her and liable to be ejected at any time. The plaintiff issued a notice on 6th June 1929 to defendant 1 to vacate the house and defendant 1 sent a reply denying that he was a tenant and alleging that he was the owner. The written statement" of defendant 1 was that he was the absolute owner of the house and had been in adverse proprietary possession for more than 17 years and that Mst. Ahmadi Begam had never been in possession and had never been the owner of the house. Subsequently, the parties made statements under Order 10, Rule 1 and Kalian slated that he did not know who was the owner of the house, that his father-in-law Hamid Ullah used to reside in the house and had no issue and died 20 or 22 years ago. The stat

Click Here to Read the rest of this document