RAJAI Vs. LALA BEHARI LAL

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit brought by the plaintiff respondents for a declaration that the defendants are not entitled to occupy a small house consisting of three rooms situate in Mirzapur. It is common ground that the house in dispute belonged to one Shanker Bin, now represented by the plaintiff-respondents, who purchased it from the former's successor-in-interest, Rajender Bin, by a sale-deed, dated the 2nd August, 1920.

(2.) The defence was that by an agreement, dated the 25 July, 1891, Shanker Bin granted the house to the defendant No. 1's uncle Khaderu. The agreement provides that the grantee and his heirs would be entitled to occupy the house on condition of their keeping the house in proper repairs, that the grantee and his heirs are not entitled to transfer the house, and that in case they do so, the grantor reserved to himself the right to resume possession of the house. This agreement was not registered. But the defendant No. 1 claims that he and his uncle have remained in possession in terms of the agreement since the year 1891.

(3.) The Court of first instance dismissed the suit but on appeal the lower Appellate Court has granted the declaration prayed for by the plaintiff- respondents. The defendants have appealed to this Court.