ABDUL REHMAN & OTHERS Vs. HIFJU & OTHERS

JUDGEMENT

(1.) This second appeal, preferred under section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 02.08.2000, passed by Additional District Judge, Kashipur, District Udham Singh Nagar, in Civil Appeal No. 66 of 1999, whereby said court has allowed the appeal, and dismissed the suit no. 83 of 1997, filed by the plaintiffs (present appellants).

(2.) Heard learned counsel for the parties, and perused the lower court record.

(3.) Brief facts of the case are that plaintiffs instituted suit no. 83 of 1997, with the pleading that their grand father Ahmad Hussain was the owner of the house in suit situated within the limits of Town Area, Jaspur. The original owner (Ahmad Hussain) died on 26.11.1990. It is pleaded by the plaintiffs that plaintiffs father Abdul Salam inherited the property after the death of his father (Ahmad Hussain). Defendant no. 1 Smt. Kaneez is daughter of Ahmad Hussain. Plaintiffs case is that she (defendant no. 1 Kaneez), and her two sons were allowed to stay in the house of Ahmad Hussain since 1986. After the death of Abdul Salam, plaintiffs asked from their aunt and cousins to leave the house and terminated the license. However, the defendants (Kaneez and her sons) did not vacate the premises. Hence the suit was filed by the plaintiffs for the eviction of defendants. (During pendency of lis, defendant no. 1 Kaneez died and her husband and two sons defended the case).