SUBODH KUMAR Vs. ZILA PARISHAD BULANDSHAHR

JUDGEMENT

(1.) B. K. Rathi, J. This is an appeal against the judgment and decree dated 8-2-1980 passed by Additional District Judge, Bulandshahar in Civil Appeal No. 341 of 1970 arising out of a judgment and decree of Suit No. 115 of 1975.

(2.) THE above suit was filed by the present appellant for eviction of the respondents from the disputed land area 802 sq. yard situated in Plot No. 1345. It is admitted that Lala Jamuna Prasad and Ganga Sahai predecessors in title of the appellant were Zamindars of the said plot. In the year 1882 it was let out to the Crown. THE Civil Surgeon, Bulandshahar A. G. Bilcock executed a registered lease deed in their favour agreeing to pay Rs. 12/- per year as rent and that the land shall be used only for women's Hospital only.

(3.) THIS second appeal was admitted on 10-3-1981 on the substantial questions of law firstly whether the respondent was a lessee or a licensee of the disputed land and secondly whether the defendant has done any thing on the land such as to enable the plaintiff to determine the licensee or the lessee as the case may be.