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1967 Supreme(All) 458

V. G. OAK
Prem Wati – Appellant
Versus
Gurudwara Budaun – Respondent


Advocates appeared:
A.P.S. Chauhan, Advocate, For the Appellant / P.M. Verma, Advocate, For the Respondent

JUDGMENT

V.G. Oak, J. - This second appeal by a defendant arises out of a suit for possession. Gurudwara, Bulaun through S. N. Jab brought the suit against Smt. Prem Wati on the following allegations.

2. The plaintiff purchased certain property from the defendant. There was litigation between the parties. The plaintiff brought against the defendant suit No. 11 of 1942. That suit was compromised. According to the compromise decree, the house now in dispute was declared to be the property of the plaintiff. The defendant was permitted to occupy the house for her residence. Later she was asked to quit. She did not leave the house. The plaintiff, therefore brought the suit for her ejectment in the year 1955.

3. The plaintiffs claim was resisted by the defendant. One of the points raised in defence was that The plaintiff is not a legal entity, and is not, therefore, capable of suing. That point and other pleas raised in defence were overruled by the Munsif, Budaun, who tried the suit. The Court, therefore, decreed the plaintiff's claim. An appeal by the defendant was dismissed by the Civil Judge, Budaun. Smt. Prem Wati, defendant has come to this Court in second appeal.

4. In this Court a

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