DOST MOHAMMAD Vs. SAGHIR AHMAD

JUDGEMENT

(1.) These are two connected appeals arising out of two suits filed for ejectment of the Appellants from the two portions of the house in suit. The house in dispute is house No. 112(old) and house No. 282(new) situate in Mohalla Bahadurganj, in the City of Allahabad. Dost Mohammad the Appellant in second appeal No. 711 of 1974 is occupying the ground floor of the said house. Mohammad Rati, Appellant in second appeal No. 712 of 1974 is occupying the upper portion of the said house. The Suit No. 591 of 1963 was filed by Sagir Ahmad, (the Respondent in both the appeals) against Dost Mohammad for ejectment and arrears of rent. Suit No. 592 of 1963 was filed by Saghir Ahmad against Mohammad Rafi also for ejectment and arrears of rent in respect of the portion of the house occupied by him.

(2.) The case of the Plaintiff-Respondent was that he is the owner and landlord of the premises in suit and the Appellants are the tenants of the said premises at a monthly rent of Rs. 4/- and 10/- respectively. It was further alleged that the Appellants are defaulter in payment of rent since 1st June, 1961 and that the Plaintiff-Respondent had purchased the property in dispute along with the right to realise the arrears of rent from the previous owner. The notice of demand and termination of tenancy was served on the Appellants but they neither paid the rent nor delivered the possession and hence the suit.

(3.) A common defence was taken by both the Appellants. They denied their contract of tenancy. They further alleged that the vendors of the Plaintiff-Respondent were not the owners of the property in dispute. In fact the property in dispute is a waqf property and as such they were not liable for ejectment from the said house.