SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1965 Supreme(All) 334

S. S. DHAVAN
Mohammad Yamin Khan – Appellant
Versus
Sheikh Maqbool Husain – Respondent


Advocates appeared:
Hazi Iqbal Ahmad, Advocate, for the Defendants-Appellant; H.A.K. Ralazak and S.J. Hyder, Advocates, for the Plaintiffs-Respondent

JUDGMENT

S.S. Dhavan, J. - This is a tenant's second appeal from the concurrent decisions of the courts below decreeing their ejectment from a shop. The plaintiff-respondents Sheikh Maqbool Hussain and others, alleged that they were the owners of this shop and the appellants had acquired the tenancy by inheritance from their ancestor. They further alleged that during his life time, the ancestor of the appellants had denied the plaintiffs title and consequently they terminated his tenancy. Meanwhile he died and the suit for ejectment was filed against the appellants who had acquired the tenancy by inheritance. The appellants resisted the suit and denied that the plaintiffs were the owners of the shop. Both the courts below have found that the plaintiffs are the owners. This is a finding of fact which concludes this part the dispute.

2. The defendant's ancestor denied the title of the plaintiffs and they were entitled to determine his tenancy and did so. After this he died. It is contended before me that the right to determine the tenancy lapsed with the death of the ancestor who was guilty of denying the appellant's title, and they cannot be held liable for what he did. I do not agre

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top