HAFIZULLAH Vs. SHIKHAR CHAND JAIN

JUDGEMENT

(1.) THIS is plaintiff's appeal under Section 100 of the Code of Civil Procedure, directed against the judgment and decree dated 25.11.95, passed by XII Additional District Judge, Jabalpur, in Civil Appeal No. 61-A of 1995 arising out of judgment and decree dated 30.7.1991, passed by IXth Civil Judge Class II, Jabalpur, in Civil Suit No. 147-A of 1988.

(2.) THE facts of this case relevant for the decision of the appeal are as follows :- The appellant filed Civil Suit No. 147-A of 1988 for ejectment in respect of suit house bearing Municipal Corporation No. 665, 667/1, 667/2, 667/3, Kotwali Bazar, Jabalpur, in occupation of respondents No. 1, 2, 3 and 5. The name of the house in "Qudrat Manzil" and is shown in the plaint map as such having two storeys. The suit house was let out to late Shikharchand Jain at the rate of Rs. 150/- per month mainly for non-residential purpose, but the tenant was permitted to use the second storey for residential purposes. The suit house was let out by the then co-owners, namely, Barkatullah, Amna Bi, Jalaluddin and Hamida Bi. It was stated in the plaint that original owner of the suit house was Sheikh Gullu. After his death, Barkatullah and Shamshuddin succeeded to his property. After death of Shamshuddin his widow Amna Bi, his son Jalaluddin and his daughter Hamida Bi inherited his share in the property. Thus, the persons mentioned above, let out the suit house as per Ex. D-1, on 1.5.68. After the death of Barkatullah, his three sons Hafizullah, Habibullah, Inayatullah, his wife Rafiquan Bi and his daughter Sona Begum (Sona Bai) were entitled to inherit the suit property to the extent of share of Barkatullah as per Muslim Law. The other co-owners representing the line of Shamshuddin were Amna Bi, Jalaluddin and Hamida Bi.

(3.) IT appears the during the pendency of the suit, the defendants No. 1 Shikhar Chand Jain died. His widow Champabai and his son Puran Chand were brought on record. The defendant No. 2 also died. His widow and his son Krishna Kumar were brought on record. It appears from record that the new defendant No. 5, Indra Kumar is also a legal representative of late Shikhar Chand Jain. However, he acquired on interest in the suit property by virtue of two sale deeds executed by Smt. Begum Bi and Smt. Sona Bai. Consequently, sale-deeds dated 2.2.1982, Ex. D-12 and 20.9.82, Ex. D-13, made in favour of defendants No. 5, were also challenged as void in the eyes of law.