HAZARA BI Vs. ABDUL KARIM

JUDGEMENT

(1.) This second appeal has been preferred by the appellants/plaintiffs challenging the judgment and decree dtd. 2/11/2000 passed by Additional District Judge, Sohagpur to the court of District Judge, Hoshangabad in Civil Appeal No.3-A/1999 whereby reversing the findings on issue no.1,2,4&6 recorded in judgment and decree dtd. 23/12/1998 passed by Civil Judge ClassI, Pipariya, Camp Pachmadhi in Civil Suit No.3-A/97.

(2.) In short the facts are that the original plaintiff-Noor Mohd. (whose descendants are the appellants) instituted a suit for eviction and recovery of arrears of rent on the grounds available under Sec. 12(1)(a)(e)&(g) of the M.P. Accommodation Control Act, 1961 (in short 'the Act') on the allegations that the original owner of the suit property was Abdul Aziz who in the year 1947 gifted the suit property orally to the plaintiff-Noor Mohammad. On the basis of oral gift, the plaintiff instituted Civil Suit which vide judgment and decree dtd. 25/9/1982 (Ex.D/2) was dismissed holding the gift to be not proved, which attained finality due to dismissal of plaintiff's appeal vide judgment and decree dtd. 21/2/1984 (Ex.D/3). It is alleged that thereafter Abdul Aziz executed registered Gift deed in favour of the plaintiff Noor Mohd. on 22/2/1986 (Ex.P/2). Hence on the basis of regd. gift deed second suit for eviction on same set of facts, was filed.

(3.) The defendant/respondent appeared and filed written statement denying the plaint allegations as well as title of the plaintiff over the suit house, however, the defendant had admitted to have taken the house on rent from Abdul Aziz. Denying the oral gift made in the year 1947, so also the subsequent registered gift deed dtd. 22/2/1986, it is contended that Abdul Aziz had no right to execute the regd. gift deed, which is illegal and does not confer any right to the plaintiff(s). Denying the availability of grounds of eviction taken by the plaintiffs, the suit was prayed to be dismissed with exemplary cost.