MOSTT BIBI HAKIMUNNISSA Vs. RAM NARESH SINGH

JUDGEMENT

(1.) This is Plaintiff's second appeal preferred under Section 100 of the Code of Civil Procedure in a suit for eviction of the Defendant-Respondent from the suit premises (two rooms with open space). The case of the Plaintiff-Appellant is that Md. Ishaque Khan and Md. Yunus Khan were full brothers and they had purchased Plot No. 219 khata No. 57 situate in village Deonah, P.S. Barauni, District Begusarai from its owner Smt. Bimla Devi by a registered deed. The land was partitioned half and half. One half came to the share of Ishaque Khan. He built up a house of 5 rooms on his portion and let out to the Defendant on 1.7.1978 at the monthly rental of Rs. 150/-. The husband of the Appellant however, through a deed of Baimokasha dated 2nd February, 1980 transferred it to his wife, the Appellant. The Defendant paid rent till March, 1980 and refused to pay thereafter. The Plaintiff also required the suit premises for her personal bonafide needs. The Defendant-Respondent, however, contested the suit denying the Plaintiff's allegation and alleged that Smt. Bimla Devi acquired 2 kathas 14 dhurs by a deed of gift dated 6.10.1955 executed by her father, out of that she let out 18 dhurs to the Defendant on a monthly rental of Rs. 15/-. The kirayanama dated 1st May, 1965 was also executed. Later on the Defendant purchased the said land for his business purposes and constructed Pucca rooms over it and he was not the tenant of the Plaintiff, It was averred that the suit was bad for nonjoinder of necessary parties, barred by limitation and also barred by the principles of acquiescence.

(2.) The trial court, however, considered the evidence, documentary and oral, dismissed the suit by the judgment and decree dated 19th December, 1986. Against that decree the Plaintiff preferred a First Appeal which was dismissed on 5.8.1992 by the 5th Additional District Judge, Begusarai. The present second appeal has been filed against the judgment and decree of the courts below.

(3.) Learned Counsel for the Appellant strenuously urged that the courts below committed an error in holding that there was no relationship of landlord and tenant and that the Plaintiff has no title towards the land and construction in dispute. It was also urged that through sale deeds dated 18th March, 1974 and 11th May, 1976 Smt. Bimla Devi, the owner of the land had sold it to Md. Ishaque Khan, the husband of the Plaintiff and Md. Yunus Khan. Later on the land was divided through a private partition and each of them got 1 katha 7 dhurs and out of that two rooms were let out to the Defendant. Thereafter by a sale deed Md. Ishaque Khan transferred his share in favour of his wife, who has filed the suit. The sale deeds have been held to be non-genuine by the courts below. Consequently they came to the wrong conclusion that there was no relationship of landlord and tenant.