TAMIZAN BANO Vs. AHMAD HUSSAIN

JUDGEMENT

(1.) THIS petition arises out of the orders dated 22.04.2002 and 21.07.2005 passed by the learned Additional District Judge, Moradabad praying for quashing of the same, which is in effect is to restore the order of the trial court dated 07.07.2001. By the said order the trial court had rejected the application moved by the defendant-respondent seeking amendment in the counter-claim, which has been set up in the written statement and that was ultimately reversed by the revisional court, which is under challenge by the plaintiff-petitioner.

(2.) THE facts in short are that a suit was filed by the petitioner being Original Suit No. 435 of 1994 praying for a declaration that she is the absolute owner of the property in dispute and that the defendant-respondent has absolutely no claim for share in the same, on the allegation that the plaintiff has been residing in the said house, which was owned by her mother. She continues to hold on the property for which she relies on an oral gift in her favour said to have been made on dated 10th January, 1983 and accordingly, she claims to be continuing in possession even after her death.

(3.) IN the suit the defendant set up a counter-claim disclosing the cause of action dated 12th November, 1994, which was alleged to be the date of last refusal by the plaintiff to vacate and deliver peaceful vacant possession of the first floor of the house. A further relief of damage was also claimed @ Rs. 300/- per month and prayer for eviction was made together with decree for damages.