Mohammad Farooq vs Noor Jehan - 1970 Supreme(All) 181

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1970 Supreme(All) 181

O. P. TRIVEDI
Mohammad Farooq – Appellant
Versus
Noor Jehan – Respondent

Advocates appeared:
Mohd. Naziruddin, Advocate, For the Appellant / K. H. Rizvi and Haider Abbas, Advocates, For the Respondent

JUDGMENT

O.P. Trivedi, J. - These are two connected appeals and arise from the saml judgment dated 20-1-1968 passed by the Second Additional Civil Judge, Unnao, affirming the judgments and decrees of the Munsif (North), Lucknow. As the two appeals raise common questions they may be conveniently disposed of by the same judgment. The facts briefly are : Noor Jahan Begum deceased wife of Mirza Jehan Shah alias Laddan Saheb filed suit which was registered as suit No. 146 of 1966 in the Court of the Munsif (North), Lucknow, against the present appellant Mohd. Farooq with the allegations that Mohd. Farooq is a tenant of the plaintiff Noor Jehan Begam in the disputed house, situate in Mohalla Astabal Charbagh, in the city of Lucknow, on a monthly rent of Rs. 15/-. He had, contrary to the terms of the tenancy and without the consent and knowledge of the plaintiff, illegally demolished certain portions of the house and made unauthorised additions and alteration in the house, the subject- matter of the tenancy, which had materially and substantially changed the house. The plaintiff claimed to have terminated the defendant's tenancy through a registered notice dated 9-2-1966 served on the defe

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