HASMATULLAH Vs. RAM PRAVESH SINGH

JUDGEMENT

(1.) HEARD Mr. S.S. Dwivedi, the learned senior counsel appearing on behalf of the appellants and Mr. Bhupendra Narayan Sinha, the learned counsel for the respondents.

(2.) THE defendants in the suit are the appellants in this appeal assailing the judgment and decree passed in T.A. No. 108/97 by learned Additional District Judge -X, Patna on 08.03.2001 affirming the judgment and decree dated 18.08.1997 by learned Sub Judge I, Patna in T.S. No. 522/92 decreeing the suit.

(3.) THE matrix of facts, emanating from the records, shows that four holdings numbered as 257, 258, 258A and 259 on Survey Plot No. 644 at Frazer Road, Patna undisputedly belonged to Sardar Harnam Singh and his family consisting of his wife Shanti Devi @ Santosh Kuer and two sons Sardar Gurjeet Singh and Sardar Jasbir Singh. These four holdings are contiguous to each other and Holding No. 257 is a 5 storied building in which there is a hotel in the name and style Capital Hotel. The Holding No. 259 consists of a residential building. There is no dispute between the parties over these two holdings. The building over Holding No. 258 is 5 storied from ground floor to 4th floor and out of this holding, another Holding No. 258A has been admittedly carved out. It is not in dispute between the parties that a hotel by name and style Pradeep Hotel has been running in this building in its ground, 1st and 2nd floor.