INAYAT ULLAH Vs. MUZAFFAR HUSSAIN AND ANOTHER

JUDGEMENT

(1.) THIS is Defendant's appeal in a suit for ejectment and for payment of certain amount as mesne profits.

(2.) PLAINTIFF Respondent instituted the present suit on the allegation that he was the tenant of the accommodation in dispute which was the first and second floor of house No. 88/320, Nala Road, Kanpur. He alleged that he was in occupation of this accommodation on payment of a monthly rent of Rs. 25/ -. The Defendant No. 1 Inayat Ullah was a co -worker along with Plaintiff Muzaffar Husain in Victoria Mills, Kanpur. Since the relations between the two were amicable Inayat Ullah was permitted to occupy a portion of the second floor as licensee for a period of two months since his wife was expecting a child. The case of the Plaintiff was that after the expiry of these two months the Plaintiff wanted to get back possession from Inayat Ullah in accordance with the terms of the agreement that he had made at the time of occupying the accommodation, but Inayat Ullah on one pretext or the other continued to occupy the accommodation since according to him he could not arrange for another suitable accommodation. It appears that during the period of his occupation in collusion with the landlord he managed to obtain an allotment order in his favour. When the Plaintiff was apprised of this fact he approached the RC and EO but to no effect. Consequently the present suit for the ejectment and mesne profits was filed in the civil court.

(3.) THE first court accepted the defence contention and dismissed the suit. On appeal the lower appellate court believed the Plaintiff's version and has decreed the suit.