HOSHIYAR KHAN Vs. SMT. BITTAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS is plaintiff's Second Appeal arising out of Original Suit No.65 of 1983 which was dismissed on 12.11.1986 by IV Additional Munsif, Jhansi. Against the said decree plaintiff -appellant filed Civil Appeal No.7 of 1987 which was dismissed on 12.5.1987 by II Additional District Judge, Jhansi hence this Second Appeal.

(3.) SMT . Bittan did not examine herself as witness. Her husband defendant no.2 appeared as witness. An argument was raised by the plaintiff before the Trial Court that adverse inference must be drawn against the defendants as defendant no.1 asserted that Gafoor Khan had given the house in dispute to Rahiman and she alone could prove it but she was not examined. In this regard courts below held that plaintiff could not take benefit of weakness of the case of the defendants.