S.C. Pandey, J.

1. This is an appeal filed by the defendants against the judgment and decree dated 19.2.1992 passed by Second Additional Judge to the Court of District Judge. Bhopal, in Civil Appeal No. 40-A of 1988, arising out of judgment and decree dated 7.7.1988 passed by Tenth Civil Judge Class-II. Bhopal, in civil Suit No. 24-A of 1988.

2. The judgment and decree in this appeal shall also govern the disposal of Second Appeal No. 284/92 as the facts involved in this appeal are similar to those arising in that appeal. This Court has framed identical questions of law in both these appeals and the counsel for the parties advanced common arguments in both these appeals.

3. The facts/necessary for disposal of this appeal are as follows Naziran Bi filed in Civil Suit No. 24-A of 1988 for eviction against Yusuf Khan, the original tenant. The appellants are substituted as his legal representatives after his death during the pendency of the suit. The respondent, who was substituted after the death of Naaziran Bi, on 2.10.71, as her legal representative, claims that he is the landlord of the suit house by virtue of registered gift-deed dated 3.3.1970 in his favour by late Naziram B