TAZUDDIN Vs. MUSADDI LAL

JUDGEMENT

(1.) Tazuddin, appellant, brought a suit for permanent injunction restraining the defendants from installing the gate opening towards the road, and from interfering with his possession over the suit property. The claim of the plaintiff-appellant was resisted by the respondents-defendants and the following issues were framed :-

(2.) The plaintiff-appellant is a poor Dyer (Lieari/Rangrej) earning his livelihood for the last about 25 years. He got the 'thara' in dispute on rent from Krishan Kumar vide rent note Ex P.1 The lower Appellate Court has mis-read the statement of Krishan Kumar that the property in dispute was not ancestral. I have perused the record, wherein he has stated that the property in dispute was ancestral. The second ground given by the lower Appellate Court is that the rent note was not registered. Even unregistered rent note can be used for a collateral purpose. This rent note proves that the plaintiff had taken on rent the 'Thara' in dispute from Krishan Kumar. In Padma Vithoba Chakkayya v. Mohd. Multani and others, 1963 AIR(SC) 70, it was observed by the Supreme Court as under :-

(3.) No other point was urged.