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