MD SALAHUDDIN KHAN Vs. BIBI BANI FATMA

JUDGEMENT

(1.) PLAINTIFFS -respondents filed suit for eviction of the defendant from the suit premises on ground of default in payment of the rent. On the basis of the pleadings of the party, the trial Court framed various issues including the following issues: -

(2.) PLAINTIFF aggrieved by the same preferred Title Appeal No. 121 of 1985/45 of 1987. Additional District Judge, Vim, Patna by judgment and decree dated 24th of June, 1989 dismissed the appeal. However it recorded a finding that relationship of landlady and tenant exists between the plaintiff and the defendant but declined to pass the decree for eviction on the ground that the disputed premises had been declared enemy property and vested in the custodian appointed under the Enemy Property Act, 1968.

(3.) BY order dated 17.9.1991 this appeal has been directed to be heard on the following question of law: -