SITARA SHAHJAHAN BEGAM Vs. MUNNA

JUDGEMENT

(1.) This is a plaintiffs appeal and arises out of a suit for possession of two houses by ejectment of the defendants and for Rs. 17 on account of arrears of rent. The plaintiffs case was that the houses in dispute belonged to them, that the defendants were in possession of the same as the plaintiffs tenants and that the tenancy was determined by means of a notice sent by the plaintiffs to the defendants which notice the defendants refused to accept. The defence to the suit was that the houses in dispute belonged to the defendants, that they were not the plaintiffs tenants and that they were in adverse possession of the house in dispute and the site for more than 12 years.

(2.) The trial Court held that though the site of the houses in dispute belonged to the plaintiffs, the houses were built by the predecessors-in-title of the defendants, and that from the circumstances of the case, it was reasonable to presume that the tenure is permanent and that the plaintiffs are not entitled to oust the defendants from the land on any account.

(3.) It further held that the defendants were liable to pay the amount claimed by the plaintiffs on account of arrears of rent and accordingly passed a decree for that amount and dismissed the suit with respect to the possession of the houses in dispute.