DIPAK MISRA, VIKRAMAJIT SEN
Rasheeda Khatoon – Appellant
Versus
Ashiq Ali s/o of Lt. Abu Mohd – Respondent
JUDGMENT
Dipak Misra, J.
1. Rasheeda Khatoon, the predecessor-in-interest of present appellants, instituted regular suit No. 31 of 1975 in the Court of Civil Judge, Faizabad, seeking recovery of possession from the original defendants. The case of original plaintiff before the trial Court was that one Abdul Haq was the owner of the house No. 2868 situated in Mohalla Hayat Ganj in Tanda, District Faizabad. The only son of Abdul Haq had shifted to Pakistan at the time of Partition and there was no one to look after him. The father of Rasheeda Khatoon, Hazi Madari, was a close friend of Abdul Haq, and being a neighbour, she was looking after him for last 20 years till 24.01.1972 when he breathed his last at the ripe age of ninety. Regard being had to various aspects and further being pleased with her services, 7 years prior to the institution of the suit he made an oral gift of the suit house in her favour which was accepted by her and possession of the house was also handed over. Pursuant to the oral gift she lived in the premises in question and looked after him. The tenants who had been staying in the southern portion of the house, accepted her status and started paying rent to her.
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