MOHAMMAD HAFIZULLAH KHAN Vs. CHITHRU KHAN

JUDGEMENT

(1.) This is a plaintiff s second appeal arising out of a suit in ejectment. The case for the plaintiffs was that they were zemindars in Mauza Para Kamal and that the defendants were only tenants (riaya) It was alleged that in January 1912 the defendants had without the plaintiffs leave erected a new tiled house and chabutra on a waste plot of land No. 1103 included within the abadi area It was alleged that the plaintiffs remonstrated with the defendants and objected to their making these constructions but without success and it was therefore prayed that possession might be awarded to the plaintiffs by demolition of the house and the chabutra.

(2.) The defence was that the house and chabutra had been put by the defendants in the exercise of their right that the buildings had been constructed much earlier than January 1912 and that the plaintiffs had no right to eject them. The first Court dismissed the suit entirely In appeal the District Judge modified the first Court s decree by directing demolition of the chabutra.

(3.) The plaintiffs now claim that an order for the demolition of the house should also have been passed The defendants have filed cross-objections complaining of the lower Court s order relating to the demolition of the chabutra and also of the lower Court s order on the question of costs.