TAHIRA BEGUM Vs. XTH A.D.J.

JUDGEMENT

(1.) This writ petition has arisen from the ejectment proceedings initiated by Sri Syed Rahman Ali, respondent No. 3 against Mohd. Ilias and others from House No. R-13/120 situate at Halqa Madan, Nai Ki Mandi, Agra wherein he succeeded before the trial Court, i.e. Judge, Small Causes Court, who decreed SCC Suit No. 1473 of 1976 vide judgment and decree dated 22.2.1986. Thereagainst revision preferred by petitioner-tenant i.e. Civil Revision No. 14 of 1986 has been dismissed by the 10th Additional District Judge, Agra vide judgment and decree dated 26.7.1993.

(2.) The facts in brief giving rise to the dispute in the present writ petition may be summarized as under:

(3.) The predecessors of petitioners namely Mohd. Siddiq and his wife Smt. Inayati Begum were owners in possession of the disputed premises. They lived throughout their life in the aforesaid accommodation and after their death, petitioners are continuously residing thereat. The petitioners' predecessors in interest got a loan from one Bashir Khan son of Nazeer Khan and mortgaged the disputed house in favour of the loaner so as to secure repayment thereof. Legal terminology used for the aforesaid transaction by the petitioner is 'ostensible sale' with condition of re-sale to the vendors within five years of payment of Rs. 800/- in advance to the vendee on 16/17/6.1943. The vendees failed to repay the loan and when the time was going to lapse, one Syed Raman i.e. respondent No. 3, who was related to Sri Mohd. Siddiq and Smt. Inayati Begum came to their rescue, paid back loan to Bashir Khan on behalf of petitioners' predecessors in interest, got a similar deed executed in his favour on 15.10.1947, registered on 04.11.1947. Repayment was to be made within 10 years and the loan amount was Rs. 900/-. A copy of Hindi translation of the document has been placed on record as Annexure- 1 to the writ petition. The possession over the suit house continued with predecessors of petitioners and after their death, the heirs i.e. Mohd. Siddiq and Smt. Inayati Begum continued despite execution of sale deed dated 16.6.1947 and 15.10.1947.