MD ZAFIR MIAN Vs. SK MANSOOR ALAM

JUDGEMENT

(1.) HEARD Mr. R.K. Verma for the appellants, and Mr. Sidheshwari Prasad Singh for the respondents.

(2.) THE defendants are the appellants against a judgment of affirmance. This appeal is directed against the judgment and decree dated 18.10.2001, passed by the learned 6th Additional District Judge, West Champaran, Bettiah, in Title Appeal No. 84 of 1995 (Md. Zafir Mian and Ors. v. SK. Mansoor Alam and Ors.), whereby he has dismissed the appeal preferred by the defendants, and has upheld the judgment and decree dated 26.9.1995, passed by the learned Sub-Judge-IV, Bettrah, in Title Suit No. 227 of 1988 (Eviction) (Sk. Mansoor Alam and Ors v. Sk. Jafir Mian and Ors.). THE learned trial court had decreed the suit for eviction which has been upheld by the learned court of appeal below. We shall go by the description of the parties occurring in the plaint.

(3.) THE defendants (appellants herein) felt aggrieved by the judgment of the learned trial court, and preferred the appeal. THE learned court of appeal below, formulated the following questions for consideration and adjudication of the case: (i) THE learned Sub-Judge has wrongly held in deciding issue Nos. 4, 5 and 6 that the plaintiffs are the owner of the suit premises and they have constructed the suit premises and there is relationship of landlord and tenant between the plaintiffs and defendants. (ii) THE learned Sub-Judge has erred in law in declaring the title of the plaintiffs and deciding the suit in favour of the plaintiffs whereas intriguing question of title is involved in the suit and in the eviction suit without paying advalorem court fee title suit should not have been decided. On a detailed consideration of the matter, the learned court of appeal below dismissed the appeal. He has found that there was relationship of landlord and tenant between the parties. THE defendants were defaulter and has incidentally examined and held that the plaintiffs have the title and are the owners of the suit properties. Hence this appeal at the instance of the defendants.