ISLAM SHAH Vs. WALL MOHAMMAD KHAN

JUDGEMENT

(1.) THIS is a plaintiff's appeal, arising out of a suit, for arrears of rent, amounting to Rs. 252/-, alleged to have been due from the defendant, from 1st October, 1949 till 30th Septem ber, 1952. The arrears of rent, claim ed by the plaintiff, were in respect of the shop in dispute.

(2.) THE plaintiff's case was that he was the owner of the shop in dis pute and that the defendant was his tenant and was paying Rs. 7/- per month as rent. The defendant's tenancy was from month to month beginning from the 1st of each month and that the rent in respect of the shop in dispute was due from 1st October, 1949 till 30th September, 1952 and that the defendant failed to pay the rent for that period in spite of several demands and hence the suit.

(3.) THE defence was that the shop in dispute was the property of Baritala and Bachchu Shah, Karim Shah and Hamid Shah were the Mutwallis of the Waqf. According to the defence, the shop in dispute was the Waqf property, in which the plaintiff had no right or title. It was also denied that the de fendant was a tenant of the plaintiff or that the shop in dispute was orally gifted to the defendant by Hamid Shah. It was further pleaded that the suit was barred by limitation.