NAFEESU Vs. HAJRABI

JUDGEMENT

(1.) THE predecessors in title of respondents 1 to 12 in this Second Appeal filed R. C. P. 85 of 1978 seeking eviction of the appellants under the provisions of the Rent Control Act, Act 2 of 1965 on the grounds inter alia of arrears of rent and waste falling under S. 11 (2) (b) and S. 11 (4) (2)of the Act. THE appellants herein disputed the title of the petitioners then' in and also denied the rental arrangement set up. " THE rental arrangement set up is under Ext. A7, a purported rent deed dated 28-12-1966. By Ext. A15 order dated 24-1-1979, the Rent Control Court found that the denial of title was bona fide and so referred the petitioners to seek their remedy in a civil court. It was accordingly, that O. S. 310 of 1979 was filed seeking recovery on the strength of title and also for damages for waste and use and occupation.

(2.) THE trial court, by judgment dated 21-12-1982 found that the plaintiffs have title to the building. On issues 1 and 2 it was held that Ext. A7 rent deed has not been proved and so, the alleged rental arrangement and tenancy was found against. On the question of adverse possession the court held that the plaintiffs have not lost their title by adverse possession and limitation. On issue No. 6 the court held that the plaintiffs were not able to prove that the defendants are liable to be evicted on any of the grounds available under the Rent Control Act. For that reason the suit was dismissed.

(3.) NO doubt, there was a finding by the Rent Control Court that the denial of title was bonafide and it was accordingly the petitioners therein were referred to a civil court. It was pursuant to that the suit has been instituted.