CHUTTAN TELI Vs. MTRAZIA KHATUN

JUDGEMENT

(1.) This is the defendant's appeal and arises out of a suit for ejectment and arrears of rent brought against him by the plaintiff-respondent 1.

(2.) The claim for ejectment failed in the two Courts but succeeded in this Court,

(3.) The plaintiff's case was that in a place called Serai Daim Khan, in the town of Moradabad, defendant 2, Fattu, held, as the plaintiff's tenant, four houses, that under the terms on which the defendant held, falling into arrears of rent brought about forefeiture of the tenancy, and that the original tenant, namely Fattu, defendant 2, did not pay rent, and on the other hand, without any title to do so, transferred the building to defendant 1, Chhuttan. The plaintiff accordingly claimed arrear of rent and claimed ejectment of defendants 1 and 2. The defence set up was that Fattu held under some sort of permanent tenancy, that the original tenant was given the site on which to build and on a small rent to be paid annually.