RAM KISHORE Vs. HAR PYARI

JUDGEMENT

(1.) J. C. Mishra, J. This appeal has been filed against the judgment and decree dated passed by 1st Additional District Judge, Rampur allowing Appeal No. 35 preferred against the judgment and decree dated 16-3-92 passed by Additional Judge, Rampur by which the suit filed by the respondent Smt. Har Pyari was dismissed and also the judgment and decree in civil appeal No. 37 of 1992 which was dismissed and the judgment and decree passed by the trial Court was maintained.

(2.) THE respondent Smt. Har Pyari filed suit No. 103 of 1985 against the appel lant. THE property in question, according to her, belonged to Mathura who mortgaged it in year 1922 in favour of Nanhey Khan. THE mortgaged was redeemed ort 26-8-1992 was again mortgaged on 19-4-1945 in favour of Raghuvir Sahay and after redemption third mortgage deed was executed in favour of Raghuvir Sahay on 16-6-49 but was re-deemed.

(3.) THE plaintiff's case is that the house in suit existing at plot No. 1920 and 1921 and was recorded in the records of town area. After transfer of the property in question Smt. Har Pyari became owner and landlord of the premises in suit but the defendant Ram Kishore did not accept her title nor paid any rent. THE plaintiff Smt. Har Pyari sent a notice on 13-5-85 demanding arrears of rent and in default terminated the tenancy. THE defendants sent reply disputing the title of Smt. Har Pyari claiming themselves to be owner of the disputed shops; Hence the suit.