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ALLAHABAD HIGH COURT
C. S. P. Singh, J.
Alauddin v. Hamid Kha
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| 1. issues regarding jurisdiction and payment were highlighted. (Para 1 , 2 , 3) |
| 2. the trial court's decision on jurisdiction and the applicability of s.143 was debated. (Para 4 , 5) |
| 3. arguments regarding the impact of non-declaration under s.143 were presented. (Para 6 , 7) |
| 4. the court clarified the significance of formal declaration requirements in maintaining bhumidhar rights. (Para 8) |
| 5. the appeal was allowed, dismissing the plaintiff's suit. (Para 9) |
1. This is an appeal by the defendant arising out of a suit for recovery of rent and ejectment.
2. It was alleged by the plaintiff that he was the Bhumidhar of plot No. 211 and that a portion of it was under his cultivation and in the other portion he had certain thatched constructions which had been let out to the defendant on a payment of Rs. 126/- per annum with the further stipulation that in case the defendant committed default in the payment of rent for a period of three years he will be liable to ejectment. The defendant failed to pay the stipulated rent on demand and hence the suit.
3. The defendant asserted that the rent had been paid but that the plaintiff did not issue a receipt for the same. The jurisdictio
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