GANGA SAGAR CHAURASIA Vs. SHEELA & ORS

JUDGEMENT

(1.) On the first call, a pass-over was sought. On the second call also pass-over is prayed. It is not possible to keep on passing over matters, and counsels if they are accommodated must appear on the second call. I have therefore heard the counsel for the respondents and after perusing the record, am proceeding to decide this appeal.

(2.) This regular second appeal is filed by the defendant-tenant against whom the courts below have decreed the suit for recovery of rent.

(3.) The respondents-plaintiffs are admittedly the legal heirs of the original owner, and therefore their ownership really cannot be disputed by the appellant. I may note that the courts below have noted that appellant claimed ownership of the suit property, but admittedly, not a single document was filed to prove his claim of ownership of the suit property. This aspect is dealt with by the first appellate court in para-7 of the impugned judgment and the same reads as under:-