RABBI KHAN Vs. SHANKERDATT MISHRA

JUDGEMENT

(1.) This second appeal has been filed against the judgment dated 10/10/2018 passed by the III Additional District Judge, Satna in Civil Appeal No. 195/2017 by which the Court affirmed the judgment dated 31/10/2017 passed by the III Civil Judge Class-II, District Satna in Civil Suit No. 65- A/12.

(2.) It is an admitted fact that Ramswaroop Mishra was the owner of the suit house and the aforesaid house was alloted to him by the Madhya Pradesh Housing Board on 12/07/1985 and the registered sale deed was executed in his favour on 12/06/2000 after clearance of all the installments. Ramswaroop died on 9/11/2008 and his daughter Smt. Nirmala Agrawal was recorded as owner of the house by order dated 7/07/2009.

(3.) Original plaintiff Kusumlata purchased the house from Nirmala Agrawal by registered sale deed dated 29/05/2010. The suit house was given on tenancy to the defendant by Ramswaroop on 3/02/1993 @ Rs. 220/- per month. It is argued by the appellants' counsel that the rent note was not proved before the Lower Court because one witness denied the fact of execution of the document. It appears from the record that aforesaid witness Shankar Dutt Mishra admitted his signature on the document and also said in para 25 that the Defendants were residing in the suit house since 15 years back as tenants.