KAMMO Vs. SHAHMIM AHMAD

JUDGEMENT

(1.) Heard Sri Ajay Kumar Sharma, learned counsel for the appellants and Sri Utpal Chatterji, learned counsel for the respondents.

(2.) The present appeal has been preferred by the defendants/appellants challenging the judgment and decree dtd. 3/2/2024 passed by the First Appellate Court i.e., Additional District Judge, Court No. 20 Meerut in Civil Appeal No. 163 of 2011 whereby he has allowed the civil appeal preferred by the plaintiffs/respondents.

(3.) The brief facts of the case are that plaintiff No. 1 is the waqf in the name of Waqful Aulad Kayam Karda of which plaintiff No. 2Shamim Ahmad is the Mutawalli. As per the plaint case, defendants/appellants (hereinafter referred to as "defendants") are the tenants of a land of about 100 yards described at the foot of the plaint. The rent of the land was Rs.5.00 per month and the registered rent deed dtd. 18/5/1972 was executed between the plaintiff and defendant No. 1 through Mutawalli Suleman (as he then was), who was the elder brother of plaintiff No. 2.