BASDEO Vs. JAGESRI

JUDGEMENT

(1.) HEARD Shri A. K. Misra learned Counsel for appellants and Shri V. B. Khare, learned Counsel for respondents.

(2.) THIS is plaintiff's second appeal arising out of Suit for arrears of rent and ejectment of the respondents from the disputed premises filed in the Court of Judge, Small Cause Court. The Court returned the Suit under Section 23 of Judge Small Cause Court Act, as it found that the question of title was involved, on which the suit was registered in the Court of Additional Munsif IV, Gorakhpur as OS No. 940 of 1975. After admitting evidence, the trial Court recorded findings that the land was acquired by Ghasita and thus plaintiff-Basdeo is owner of the house. There is no evidence of tenancy, and the relationship of landlord and tenant between the parties. The defendant has failed to prove his title and that the suit is not barred by estoppel and acquiescence. The trial Court found the notices to be valid and thus decreed the suit on 22-8-1978 for ejectment of the defendants from four rooms, dalan and sahen. The relief for arrears of rent of Rs. 196/- was not allowed.

(3.) THE Second Appeal was filed under Section 100 of C. P. C. and was admitted on 18-10-1980 without framing any substantial question of law.