KABIRANS Vs. RIYAZUDDIN

JUDGEMENT

(1.) This is plaintiffs second appeal.

(2.) The brief facts are that Smt. Kabiran and her two sons filed a suit for recovery of possession of a disputed house No. 250 situated in Mohalla-Bunkar Nagar, Islamabad. Meerut against the defendant Riyaz Uddin on the allegation that the plaintiffs being the owners of the house, on the request of the defendant who is related to the plaintiff and is maternal grandson of the plaintiff No. 1, granted licence to occupy the disputed house along with plaintiff No. 1 in August, 1983. The defendant promised to vacate the house as and when required by the plaintiff No. 1. But the defendant subsequently changed his mind. In February, 1987, the plaintiff No. 1 requested the defendant to vacate the house but he was evading the request. Notices were also given but with no result, Licence was ultimately revoked through notice dated 18.8.1987. Since the defendant did not vacate the house, suit for his dispossession was filed.

(3.) The suit was resisted on various grounds by the defendant. The main ground of contest which is relevant for the purposes of this second appeal is that the defendant claimed title in the house under oral gift from the plaintiff No. 1. On the basis of oral gift from plaintiff No. 1, the defendant got his name mutated in the Municipal record. On this plea, he wanted to defeat the suit of the plaintiffs.