SYED AHMED ALI Vs. SHAFIQ AHMAD

JUDGEMENT

(1.) N. L. Ganguly, J. The plaintiffs filed civil suit No. 405 of 1983 in the Court of the Munsif West, Allahabad for a decree of eviction and recovery of rent as well as damages in respect of premises No. 204, Mutthiganj, Allahabad. The plaintiffs pleaded themselves to be the landlord and owners of the property involved in the suit and the defendant to be their tenant at the monthly rent of Rs. 200. The defendant had rented the tenement for carrying on trade in bamboos and similar articles. The plaintiffs terminated the tenancy of the defendant by serving on him a notice under Section 106 of the Transfer of Property Act dated 4-2- 1983 and asked him to vacate the premises within one month after service of the notice. The defendant failed to comply with the notice; hence the suit. It was also pleaded in the plaint that the tenanted premises is not covered under the provisions of the U. P. Act No. 13 of 1972.

(2.) IN written statement the defendant denied the plaint allegations. It was pleaded that the grand-father of the plain tiffs No. 1 and 2, Sri Wajid AH, had filed suit No. 72 of 1982 as owner of the property, who got the construction done on plot No. 132, which now bears the present municipal number 204 and 205. There after Sri Wajid Ali aforesaid created a Waqf AM- aulad'in respect of property No. 132. The plaintiff No. 3 is the present Mutwalli of the said Waqf. The plaintiffs are not the owners of the property in dis pute ; hence they do not have any right to institute the suit in respect of the aforesaid property. Alternately it was pleaded that if the property in suit is not. deemed as Waqf property, then the defendant, being son of the daughter of Sri Wajid Ali, is a co-sharer of the property and no suit can be filed against a co-sharer of the property.

(3.) A Civil appeal was filed against the judgment of the Munsif before the lower Appellate Court. The IX Addl. District Judge allowed the appeal, set aside the judgment and decree of the Munsif for eviction of the defendant. Second Appeal No. 2898 of 1987 was filed by the plaintiffs against the judgment and decree of the lower Appellate Court.