MOHAMMAD RUSTAM Vs. ANWAR AHMAD

JUDGEMENT

(1.) THIS second appeal has been filed by the sole defendant -appellant -appellant challenging judgments and decree of both the learned courts below.

(2.) THE matter arises out of Eviction Suit No. 3 of 2004 which was filed by sole plaintiff -respondent - respondent for the following reliefs with regard to a Khaparposh house with land measuring 8 decimals out of Plot No. 251, Khata No. 60 situated in Village Gazipur, P.S. -Tarapur in the district of Munger: -

(3.) ON the other hand, the defendant filed his written statement and claimed that the suit was not maintainable and the plaintiff had no cause of action as there was no relationship of landlord and tenant between them and the defendant had his own title over the suit premises on the basis of purchase of suit land from the rghtful person and construction of the house by the defendant in which he was residing as the owner thereof. It was further claimed that the maternal grandfather of the plaintiff Sk. Ali Nazir had only 1/4th share in the suit plot and he had three daughters including the plaintiff 'smother and the said daughters inherited the said property to the extent of their shares out of whom the mother of the plaintiff Bibi Sogra Begum left two sons, including the plaintiff, and hence even in her share the plaintiff had only half. Thus, it was claimed that in the plot in question which totally measured 44 decimals, the plaintiff or even her mother cannot legally inherit 8 decimals. The defendant claimed that although he was earlier a tenant in the suit premises in which he carried wood business, but subsequently he purchased the suit premises from the other co -sharers by six registered sale deeds of 2001 to 2004 (Exts. -C to C/5) and since then he is in occupation of the suit premises in his own right as owner thereof.