ABDUL RASHID MIR Vs. AHMADULLAH MIR

JUDGEMENT

(1.) The predecessor of the respondents herein namely, Mohmmad Sultan had filed the suit of ejectment against the predecessor of the petitioners herein namely, Ghulam Ahmad Mir from the shed measuring 35' x 21' built on survey No. 1412 situated at Pulwama road. Consequential relief of permanent injunction was also claimed restraining the predecessor of the petitioners herein from changing the nature of the said shed In the plaint, it was averred that the tenancy had commenced from February 1, 1987 and expired on January 1988. The rent fixed was Rs. 400/- per month. No rent was paid so the tenancy was determined by giving a notice requiring the tenant to hand over the vacant possession. He neither vacated the premises nor paid the rent, hence suit was filed seeking the reliefs stated above as well as arrears in the sum of Rs. 15,800/-

(2.) In the written statement the plea taken by the predecessor of the petitioners herein was of hostile title qua the disputed shed. It was stated that no amount by way of arrears was due from him.

(3.) On 11.11.1992, eleven issues were raised from the pleadings. Thereafter the parties led evidence on those issues. On 4.2.1997, the case was posted for hearing the final arguments. Adjournments were sought by the petitioner herein when on 10.5.1997 he made an application wherein prayer was made for effecting amendments in the written statement.