MOHAMMAD KHAN Vs. SHEIKH MOHAMMAD ISMAIL

JUDGEMENT

(1.) THIS is defendant -tenants' appeal (hereinafter referred to as the tenant) under Section 100 of the C.P.C. Plaintiff -Landlord's (hereinafter referred to as the landlord) suit for eviction of the tenant was decreed by the 4th Civil Judge, Class II, Bilaspur by its judgment and decree dated 31.3.94 passed in C.S. No. 342 -A/89. Appeal preferred by the tenant was dismissed by the 4th Additional District Judge, Bilaspur by his judgment and decree dated 21.12.95, passed in C.A. No. B -A/94. Aggrieved by the same, the tenant has preferred this appeal.

(2.) BY order dated 4.1.96 the appeal was admitted on the following substantial questions of laws -

(3.) THE tenant in the written statement has stated that the deed of gift is illegal and concocted and the landlord has not derived any title from the same. It has been further stated that in the Assessment Register of the municipality the name of Sheikh Ameer has been entered. The tenant has denied the relationship of landlord and tenant and has stated that he paid rent regularly to Sheikh Ameer. On the pleadings of the parties, both the courts below concurrently found that the suit accommodation was gifted by Sheikh Ameer to the landlord on 22.8.88 and it is a legal document.