MAHABIR RAM Vs. SITA DEVI

JUDGEMENT

(1.) The defendant preferred the Second Appeal before this Court.

(2.) The plaintiff-respondent filed the suit for eviction of the defendant-tenant. The plaintiff claimed title on the basis of a registered sale deed dated 29-5-1965 (Exhibit 2). The sale deed was executed by Sarjug Sah, father of the defendant. The suit was resisted by the defendant on, the ground that he is the owner of the house.

(3.) The courts below held: (i) that the plaintiff failed to prove the relationship of landlord and tenant; (ii) that the defendant was in permissible possession of the house in suit. (iii) that the plaintiff had title to the suit house by virtue of the sale deed dated 29-5-1965, which was executed by Sarjug Sah in favour of the plaintiff.