NOOR AHMAD Vs. MOHD. AHMAD

JUDGEMENT

(1.) The instant first appeal has been filed by the defendants/appellant under Sec. 96 CPC against the judgment and decree dtd. 6/4/1977 passed by the Ist Additional District Judge, Bahraich in Regular Suit No.14 of 1973 whereby the suit for eviction and damages for use and occupation has been decreed in favour of the plaintiffs/respondents. For the sake of convenience this Court shall refer to the parties as impleaded in the trial court.

(2.) The brief facts giving rise to the instant appeal are being noticed herein after:-

(3.) The plaintiffs [respondents herein] instituted a suit against the defendants Noor Ahmad and Shamshuddin [appellant before this Court] for eviction from a shop, godown and upper portion of the disputed house in question and also for a decree of damages for wrongful use and occupation.