Jamilluddin vs Qazi Zamirul Hasan - 1984 Supreme(All) 914

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1984 Supreme(All) 914

B. D. AGARWAL
Jamilluddin – Appellant
Versus
Qazi Zamirul Hasan – Respondent

Advocates appeared:
Sankatha Rai, for the Appellant; S.C. Tripathi and D.S.M. Tripathi, for the Respondent

JUDGMENT

B.D. Agarwal, J. - This is plaintiff's appeal.

2. The property in dispute comprised of certain shops described by letters A, B, C, D and E in the sketch map appended to the plaint and situate in khetasarai, distric Jaunpur. The relife sought in the suit is the eviction of the defendants Nos. 4 to 8 from these shops besides arrears of rent and perpetual injuncton against the defendants 1 to 3, on May 10, 1966 counsel for the parties in the lower appellate court stated vide paper No. 205-A that the dispute is confined to the shops aforementioned.

3. The Plaintiff based his claim to the shops in dispute upon title. In paragraphs 1 to 8 of the plaint he has traced the title asserted to these shops it has been averred that the shops were raised by his father. In paragraph 6 the contention is that there was a gift made orally by the father in favour of the plaintiff. The defendants Nos. 4 to 8 have been described as tenants, over these Shops the contention further is that the defendants 4 to 8 were in collusion with the defendants 1 to 3 who were interested to deny the plaintiff's title. The tenancy was determined by the plaintiff by notice u/s 106 of the Transfer of Property Act g

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