Dilip Gupta, J. - (1.) THE defendants have filed this Second Appeal for setting aside the judgment and decree dated 12th January, 1987 passed by the learned IXth Additional Civil Judge by which the suit was decreed as also the judgment and decree dated 11th April, 1994 passed by the learned IInd Additional District Judge, Meerut by which the Civil Appeal filed by the defendants was dismissed.
(2.) ORIGINAL Suit No. 369 of 1977 was filed on 9th July, 1977 by Abdul Wahid Khan (since deceased) in the Court of Munsif with Fakhrey Aalam Khan, Sultan Alam Khan and Gayas Alam Khan (Appellants in this appeal) as defendants for possession of the disputed house after vacation by the defendants and for damages for use and occupation at the rate of Rs. 20/ -per month. It was alleged that the plaintiff was the owner of the house and the license given to the defendants in 1966 to reside in the first floor of the house had been terminated on 2nd May, 1977 for the reason that they had not only damaged the property but were also harassing the plaintiff. To appreciate the controversy it will be useful to give the pedigree which is as follows:
(3.) IT needs to be mentioned that the plaintiff Abdul Wahid Khan filed Original Suit No. 369 of 1997 in the Court of Munsif, but subsequently as the valuation was raised, the plaint was directed to be returned for being presented before the appropriate Court by the order dated 6th February, 1979. However, Abdul Wahid Khan died on 31st August, 1978 during the pendency of the suit before the Munsif and he was substituted by his widow -Niaz Fatma (plaintiff No. 1), two daughters and one son (plaintiff Nos. 2 to 4). The plaint was then presented before the First Civil Judge and was registered as Original Suit No. 190 of 1979.;