RAVINDRA SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This second appeal is directed against the judgment and decree dated 21.05.2018 passed by the Additional District Judge, Court No. 10, Shahjahanpur allowing Civil Appeal No. 30 of 2012 and thereby decreeing the suit of plaintiff respondents bearing Original Suit No. 201 of 2004 for ejectment of the defendant-appellant from the suit property and arrears of rent @ Rs. 15/- per month until the delivery of possession of the suit property.

(3.) According to the plaint case, the house property situate in Mohalla Tarin Bahadurganj, Shahjahanpur (hereinafter to be referred as 'suit property'), was initially owned by Smt. Rais Jahan wife of Sri Noor Khan and the plaintiff was the tenant on the ground floor, whereas, the father of the defendant-respondent Sri Nawab Singh was the tenant at first floor and after the death of Nawab Singh, defendant respondents are the tenants as they stepped also into the shoes of tenant. It was alleged that Smt. Rais Jahan later on executed a sale deed of the first floor of the house in favour of plaintiff on 27.01987 and thus, the petitioner has become owner in possession of the suit property. Consequently, the father of the defendants became also tenant of the plaintiff. Nawab Singh continued to pay rent to the plaintiff and after death of Nawab Singh, the defendants also continued to pay rent till Nov. 2002 @ 15/- per month but thereafter, they did not deposit any rent and even after repeated demand, they did not pay the rent and resultantly plaintiffs terminated tenancy vide notice dated 04.12.200 Tough the notice was received by defendant-appellants but they disputed the title of plaintiff and claimed that it was a Waqf property and they also denied to have ever paid any rent and hence the regular civil suit for eviction/ ejectment and arrears of rent.