ASH MOHAMMAD Vs. JAGDISH PRASAD

JUDGEMENT

(1.) 1. One Ilahi Mian died leaving behind his sons, Yakub Mian and Habib Mian. Yakub Mian had a son of Ash Mohammad. On 23 -9 -1957 Ilahi Mian executed a registered deed of gift (Ext. 5) in respect of his 1/4th share in holding No. 533, Ward No. 2, situated in Mohalla Chauk Bazar of Siwan town in favour of his said minor grand son, under the guardianship of his father, Yakub Mian.

(2.) One Thakur Prasad was inducted as tenant and was doing business in the said holding.

(3.) Ash Monammad filed Title suit No. 195 of 1973 against Thakur Prasad for eviction under the provisions of Bihar Buildings (Lease, Rent & Eviction) Control Act, 1947 (hereinafter referred to as 'the Act').