SETH FIDA HUSSAIN Vs. FAZAL HUSSAIN

JUDGEMENT

(1.) THIS civil revision has come up before us for dispose on a reference by Shiv dayal J. before whom a first came up for hearing.

(2.) THE material facts are that the opponents Nos. 1 to 4 instituted a suit in the court of the Civil Judge, Class 1, Khandwa, against the petitioner Fida Hussain and the opponents Nos. 5 and 6 Gehimal and Totaram for possession of a plot described in Schedule A attached to the plaint. It was alleged by the plaintiffs that they were the owners of the plot, and that on or about 5th March 1957 Gehimal and Tolaram wrongfully and forcibly took possession of the plot; and that when they were asked to restore the possession of the land, they refused to do so according that they had taken it on rent from the petitioner Fida Hussain.

(3.) GEHIMAL and Tolaram contested the suit by pleading that Fida Hussain was the owner of the land and that no had let out the property to them. The petitioner also cent-ed the plaintiffs' title. He, however, added that he has leased out a major portion of the plot to one Meghraj Sindhi who had sub-let the same to the opponents Gehimal and Tolaram and that he being the owner of the plot was entitled to receive the rent in respect of the LAND from Meghraj or compensation or damages from Gehimal and Tolaram.