SHAHNAZ Vs. JAFAR HUSAIN

JUDGEMENT

(1.) Since in both these second appeals common question of law and facts are involved and have been filed against the same judgment and decree dated 7.8.2014 passed by Addl. District Judge, Court No. 12, Lucknow, they are being decided by this common order.

(2.) These Second appeals have been preferred against the judgment and decree dated 7.8.2014 passed by Addl. District Judge, Court no. 12, Lucknow, in (i) R.C.A. No.160 of 2011 Jafar Husain Vs. Mohammad Anwar Rizvi and others, allowing the said R.C.A. and setting aside the judgment and decree dated 18.8.2011 passed by Civil Judge (SD), Mohanlalganj, Lucknow, whereby the regular suit no. 9 of 2008 filed by the appellant Jafar Husain against the respondents was decreed, and (ii) in cross R.C.A. No. 154 of 2011 Smt. Shahnaz Bano and others Vs. Jafar Husain.

(3.) In short the facts of the case are that plaintiff and the defendants are real brothers and sisters. Plaintiff Jafar Husain filed a suit for mandatory injunction against the defendants, claiming himself to be the owner and landlord of House No.466/72Ka/1(New No.466/270), situate in Aliya Colony, Peer Bukhara Hardoi Road, old P.S. Chowk, Lucknow, to vacate the house in question in their occupation and restraining them from using the same, and to handover its vacant possession to the plaintiff. Plaintiff further prayed that the defendants be directed to pay Rs.2000/ - per month as pendent e lite damage for unlawful occupation and use, till the date of actual vacation on payment of additional court -fee.