FARAHAT ALI DIED Vs. SAJID ALI

JUDGEMENT

(1.) Second Appeal No. 290 of 1993 is filed against the Judgment in A.S. No. 14 of 1991. A.S.No. 14 of 1991 is filed against O.S.No. 952 of 1982. O.S. No. 952 of 1982 is filed by the plaintiff one Md. Sajid Ali for eviction of the defendant from the plaint schedule property by dispossessing him and for recovery of rents of Rs. 1800/- for a period of three years commencing from 1-11-1979 to the end of November, 1982 and for future rent at the rate of Rs. 50/- per month from 1-12-1982 till the actual delivery of the suit site to the plaintiff with costs. The learned District Munsif dismissed the suit with costs. On appeal, the learned I Additional District Judge, Karimnagar, decreed the suit and set aside the judgment of the learned District Munsif. Aggrieved by the same, Second Appeal No. 290 of 1993 is filed.

(2.) . Second Appeal No. 291 of 1993 is filed against the judgment in A.S. No. 29 of 1990. A.S.No. 29 of 1990 is filed against the judgment in O.S. No. 1203 of 1980. The plaintiff in O.S.No. 952 of 1982 in the first defendant in O.S.No. 1203 of 1980 and the defendant in O.S.No. 952 of 1982 is the plaintiff in O.S.No. 1203 of 1980. O.S.No. 1203 of 1980 is filed for perpetual injunction restraining the defendants from interfering with the rights, possession and enjoyment of the plaintiff over the suit properties and from pulling down or demolishing the suit properties described in the plaint schedule.

(3.) . The brief averments in O.S.No. 952 of 1982 are as follows:- The plaintiff is the owner of the plaint schedule land shown in red colour which is part and parcel of the ancestral house gifted by the father of the plaintiff in his favour under a registered gift deed dt. 21-6-1954. The defendant had taken the land shown in red colour on lease for a period of ten months commencing from 1-8-1977 to the end of June, 1978 on a monthly rent of Rs.50/- and the lease deed was executed on 2-9-1977. The lease period has expired and the tenancy was terminated by efflux of time by the end of June, 1978. However, the defendant is holding over the suit land beyond the period of lease. The defendant has managed to get patta certificate issued for the suit site and filed a suit in O.S.No. 1203 of 1980 for injunction against the plaintiff. The patta certificate was bogus and the Tahsildar informed the plaintiff on a copy of application being made to him that no such patta certificate or assignment is in existence in file No.A5/17898/79, dt.29-12-1980. The plaintiff preferred an appeal to the Joint Collector who had observed that no such patta certificate was issued. In view of the denial of title of the plaintiff over the suit site and in view of the fact that the lease is terminated and the defendant is liable to be evicted and the defendant is due to pay the rent of the suit site to the plaintiff from 1-7-1979 upto the date of judgment in order to bring the suit for recovery of rent within limitation, the plaintiff is claiming rent from 1-11-1979 to the end of November, 1982 at Rs.50/- per month in total Rs.1800/-. The defendants have filed their written statement. The defendants denied that the plaintiff is the owner of the suit land and that the land is not part and parcel of ancestral house gifted to the plaintiff by his father and the father of the plaintiff had no rights in the suit land and had no rights to gift it away to the plaintiff. The defendant is the owner and possessor of the suit land. No notice terminating the lease of the suit land to the defendant had been issued by the plaintiff as per law. The plaintiff is not entitled to evict the defendant and is not entitled to recover any rents from him.