KASHI CHOUDHARY Vs. MUJATABA HASSAN

JUDGEMENT

(1.) This appeal by the defendant arises out of a suit filed by the plaintiff-respondents for a decree of eviction of the appellant and also for realisation of arrears of rent amounting to Rs. 925/- for the period from 1-5-1970 to 8-8-1973 at the rate of Rs. 25/- per month in respect of the suit house.

(2.) Shortly stated, the case of the plaintiff respondents was that the land over which the suit house stands belonged to one Mohammad Noor. The plaintiffs took settlement from Mohammad Noor and constructed a house over it. Thereafter, it is said, the plaintiffs gave the suit house on rent to the defendant. The defendant defaulted in payment of rent and, therefore, the suit was filed for the reliefs already mentioned earlier.

(3.) The defendant appeared and contested the suit. According to him, the house did not belong to the plaintiffs; rather it belonged to him. As such according to the defendant, there was no relationship of landlord and tenant between them. According to the defendant, therefore, the plaintiffs were neither entitled to a decree for eviction nor for realisation of the arrears of rent amounting to Rs. 925/-.