SOHAN YADAV Vs. MEHMUDA

JUDGEMENT

(1.) This appeal is by the plaintiff, which was admitted on the following substantial question of law :-

(2.) Facts giving rise to filing of the appeal briefly stated are that the plaintiff filed a suit inter-alia on the ground that the plaintiff had taken the suit plot on lease on monthly rent in the year 1983 from one Ayub Khan, who had inimical relations with his family and therefore, he used to reside with the plaintiff. It is the case of the plaintiff that aforesaid Ayub Khan by oral gift dated 15.12.1994 conveyed the suit plot to the plaintiff. After death of Ayub Khan on 12.4.1995, his widow namely defendant No.1 obtained the suit plot on lease for a period of one year. The Nazul Officer passed the order dated 9.1.1996 and directed dispossession of the plaintiff. In the circumsances aforesaid, the plaintiff filed a suit seeking relief of permanent injunction and damages.

(3.) The defendant No.1 filed written statement in which inter-alia it was denied that the suit plot was let out to the plaintiff on lease. It was further pleaded that infact the plaintiff was employed as their servant and the alleged oral gift was neither made by the husband of the defendant No.1 nor the same could be made in favour of a Hindu. It was also pleaded that defendant No.1 is the lessee of the suit plot and therefore, is entitled to possession of the same.