PREM NARAIN Vs. SHIV PATI

JUDGEMENT

(1.) This is second appeal under Section 100, C.P.C. against the judgment and decree dated 19.11.1981, passed by IIIrd Additional District Judge, Faizabad allowing the Civil Appeal No. 529/79 by setting aside the judgment of Vth Additional Munsif, Faizabad dated 15.9.1979, passed in Regular Suit No. 107 of 1978, Prem Narain and Anr. v. Lalla.

(2.) I have heard Shri S. K. Mehrotra, learned counsel for the appellants. Respondents are represented through Shri Rakesh Kumar Srivastava, advocate but the learned counsel for the respondents did not appear to argue the appeal.

(3.) It appears that the plaintiffs-appellants filed suit for possession against the defendant-respondent Lalla. the predecessor in title of the respondents in this appeal with the allegations that one Meer Yusuf Ali was owner of the house bearing Municipal No. 374 situated in Mohalla Amaniganj, Faizabad. Meer Yusuf Ali transferred the house to Bashiruddin. After the death of Bashiruddin, the said house came to his wife Kadari Begum and daughter Ahmadi Biwi by inheritance. Kadari Begum transferred eastern half of the said house through a sale deed dated 7.11.1964 in favour of Shyam Dev Pandey and the remaining western half to Shri Sharafat Hussain and Riaz Hussain through another sale deed dated 25.1.1967. Sharafat Hussain and Riaz Hussain transferred this western half portion on 26.12.1968, through a sale deed in favour of the plaintiffs (the appellants). The case of the plaintiffs was that since then they were in possession of the disputed house. It is further alleged by the plaintiffs that on the portion comprising of a verandah and kothari, the defendant was shown as tenant in the municipal record, therefore, the plaintiffs filed a suit for ejectment of the defendant In the year 1974 in the court of Judge, Small Causes. This suit was dismissed on the ground that the defendant was not a tenant and he was held to be a trespasser. Therefore, the suit was filed for eviction of the defendant as trespasser.