HASHMAT HUSAIN Vs. SAGHIR AHMAD

JUDGEMENT

(1.) This is a special appeal by a plaintiff against an order of a learned Single Judge allowing the second appeal of the defendants and dismissing his suit for ejectment.

(2.) One Abdul Hameed owned the three shops and hall in suit. On his death Saghir Ahmad and Fazal Ahmad took them on rent from his heirs. They executed a Qabuliyat in their favour. Hashmat Husain, the plaintiff, purchased these shops and hall along with another house from the heirs of Abdul Hameed on 7-8-1941, informed the two tenants about it and subsequently included a portion of the hall with their consent in his house and reduced the monthly rent. He filed a suit for recovery of rent against Fazal Ahmad and Saghir Ahmad--Suit No. 591 of 1943. They contested the suit and alleged in the written statement that one Fayyaz Alam was also a co-sharer in the proprietary right as his father Shaukat Husain was the co-owner of Abdul Hameed in respect of the shops and hall in dispute and that the plaintiff had purchased only the rights of the heirs of Abdul Hameed. During the pendency of the suit Fazal Ahmad died and his heirs were brought on the record.

(3.) Fayyaz Alam then filed a suit (No. 33 of 1944) claiming a declaration of his title to a half share of the property. This suit was filed against Hashmat Husain, the heir of Abdul Hameed, and the tenant Saghir Ahmad and others. The tenants tried to support Fayyaz Alam in that suit but it was dismissed and Fayyaz Alam's claim as a co-owner of the property was found to be untenable.