HUSSAINI (DECEASED) Vs. HARCHARAN SINGH

JUDGEMENT

(1.) This is defendant's second appeal against whom suit for possession of the house in dispute has been decreed by both the Courts below.

(2.) The plaintiff Harcharan Singh filed that suit for possession of a house alleging that this was occupied by Hassan Mohammad, husband of Mst. Hassani, defendant and father of Gulam Mohammad, as an allottee under the Custodian at the rate of Rs. 1/- per month as licence fee. Later on, this house was sold by the Custodian in the public auction and he purchased the same. Sale certificate was also issued in his favour. Hassan Mohammad continued to be in possession of the house as a licensee under him during his life time and on his death the licence had come to an end. The defendants were in possession of the house as trespassers. Hence the present suit was filed on the basis of his title.

(3.) In the written statement, the defendants admitted that the property was possessed by Hasan Mohammad but contended that he was holding the property as a tenant under the Custodian at the rate of Rs. 1/- per month and a part of the house was possessed by one Iqbal Mohammed. They denied that Hassan Mohammad held the property as a licensee. They also did not admit the claim of the plaintiff as the owner of the house and contended that after the death of Hassan Mohammad, they were in possession of the property as tenants and they were not liable to be ejected by the Civil Court. Plea was also taken that they are the owners of the suit property.