MAQBOOL AHMAD Vs. DEBI

JUDGEMENT

(1.) This is a plaintiffs appeal arising out of a suit for ejectment of the defendants and for recovery of Rs. 30 as damages for use and occupation.

(2.) The plaintiffs case was that one Badrul Islam was the owner of the disputed site and the houses thereon, which, under a rent deed dated 31 December 1934, were occupied by the defendants on a yearly rent of Rs. 60. The land is situate in what is known as "Sarai Badrul Islam in Qasba Nehtaur, district Bijnor."

(3.) In April 1943, after the death of Badrul Islam, his heirs transferred the sardi to the plaintiffs who brought the suit as its present owners. Their main complaint was that the defendants had unlawfully settled in the sarai other persons and thereby made themselves liable to ejectment.