AMINA BEGUM Vs. CHATURBHUJ SHARMA

JUDGEMENT

(1.) This is a defendant's second appeal arising out of a suit filed by the plaintiff-respondent for declaration as well as for possession after ejectment of the defendant-appellant. The suit giving rise to the above noted second appeal was filed by the plaintiff-respondent against the defendant-appellant for possession of the house in dispute treating them to be trespasser on the allegations made in the plaint.

(2.) In brief, it was pleaded that the plaintiff was the owner of the house no.86 situate in Mohalla-Chamanganj, Sipri Bazar, Jhansi which was occupied by Smt. Kulsoom Begum as a tenant who died. It was alleged that Smt. Kulsoom Begum had daughter who was residing separately in Mohalla-Sarafa Bazar along with her husband and as such she ceased to have any interest in the property in dispute. Defendant no.2 without any right is occupying the premisses as trespasser and, therefore, both are liable for ejectment.

(3.) The suit was contested by the defendant-appellant by filing the separate written-statement. The main defence was that the defendant-appellant is continuing as a tenant in the premises in dispute and the suit filed by the plaintiff against her was misconceived and is also barred by Section 20 of U.P. Act No. XIII of 1972.