SHAIKH SAJJAD HUSAIN Vs. SHAIKH WALI MUHAMMAD

JUDGEMENT

(1.) It appears that one Tajammul Husain owned a one-anna-six-pie Zemindari share and was in cultivatory possession of certain plots of sir land. He made a gift of one-anna-two-pie share to Wali Muhammad, Musammat Butan Bibi and Musammat Majidan Bibi. The defendant, Tufail Ahmad, is an heir of Musam-m%t Majidan Bibi. Later on, he sold the remaining four-pie share to Ali Kibir and thus became an ex-proprietary tenant of the plots of sir appertaining to that share. He alleged that the defendants were subtenants of the plots appertaining to the aforesaid share and sued for their ejectment. In all, there were five suits by the plaintiff, Sajjad Husain, who claimed title as a daughter's son of the late Tajamnml Husain. The suits related to various plots of sir land. The suits were Nos. 321 to 325 of 1916.

(2.) The defence pleaded was that the plaintiff was not an ex-proprietary tenant and that no relation of landlord and tenant subsisted between the parties.

(3.) The Trial Court found for the plaintiff on both the issues and decreed the claim.