RAM PRASAD Vs. MAGAN SINGH

JUDGEMENT

(1.) The dispute in these appeals relates to a portion of plot No. 1622 situate in Mohalla Balkhandi Naka, opposite Government Girls Inter College in the city of Banda. In the eastern portion of this plot there is a mosque and graveyard. In the western portion, there are two kothas and a khaprail.

(2.) Syed Mukhtar Imam was the mulawalli of waqf Shia Masjid and Qabristan Qazi Nooruddin relating to the mosque aforesaid and graveyard adjoining it. On Aug. 3, 1953 a lease (Ext. 10) was executed by Mukhtar Imam in fav-out of appellant Ram Prasad in regard to the western portion of plot No. 1622. This lease deed was duly registered and was for consideration of a premium of Rupees 100/- and an annual rent of Rs. 3/-.

(3.) On Aug. 20, 1964 Ram Prasad sent a notice (Ext, 20) to respondent Magan Singh which was served upon him on Aug. 22, 1964, alleging that Magan Singh was his tenant of a kotha and khaprail which Ram Prasad got constructed in the year 1955 on a monthly rent of Rs. 6/-. Rent having fallen due since July, 1956, which Magan Singh had failed to pay he was called upon to pay the arrears within thirty days. Ram Prasad also terminated Magan Singh's tenancy with effect from the expiry of thirty days from the receipt of the notice. On Sept. 14, 1964 Magan Singh sent a reply (Ext. 3) to Ram Prasad denying the allegations contained in the aforesaid notice and asserting that he was himself owner in possession of the property. In view of this denial of title Ravn Prasad sent a notice (Ext. 30) in Jan. 1966 to Magan Singh asking him to hand over possession of the property. Upon failure of Magan Singh to do so, Ram Prasad filed suit No. 126 of 1966 on Mar. 16, 1966 out of which the first Second Appeal arises. Magan Singh, inter alia, took the defence that the land belonged to Qazi Nooruddin' a relation of a local Zamindar with whom his father was employed, fn lieu of services rendered by him Nooruddin and his descendents gave the laud to his father. He claimed to have built a kotha and the khaprail and further that he was in possession over the suit property for more than twelve years.