Sibghat Ullah Khan, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS is plaintiff's Second Appeal arising out of Original Suit No.65 of 1983 which was dismissed on 12.11.1986 by IV Additional Munsif, Jhansi. Against the said decree plaintiff -appellant filed Civil Appeal No.7 of 1987 which was dismissed on 12.5.1987 by II Additional District Judge, Jhansi hence this Second Appeal. Original plaintiff -appellant and defendant respondent no.1 were real brother and sister. Their parent were Ghafoor Khan and Rahiman. Respondent no.2 -Sattar Khan was husband of defendant -respondent no.1. All the parties have died and have been substituted by their sons/legal representatives. The suit was filed for eviction from a house. In the plaint plaintiff stated that the house belonged to him and he had given the same on licence to defendant -respondent no.1 - Smt. Bittan. However, in the oral evidence plaintiff admitted that the house belonged to his late father Ghafoor Khan. Smt. Bittan pleaded that house belonged to Ghafoor Khan who gave the same to his wife Smt. Rahiman and she executed a registered Gift Deed of the same in her favour on 25.8.1971. However, defendant no.1 neither alleged nor proved that in what manner house was given by Ghafoor Khan her father to her mother Smt. Rahiman.
(3.) SMT . Bittan did not examine herself as witness. Her husband defendant no.2 appeared as witness. An argument was raised by the plaintiff before the Trial Court that adverse inference must be drawn against the defendants as defendant no.1 asserted that Gafoor Khan had given the house in dispute to Rahiman and she alone could prove it but she was not examined. In this regard courts below held that plaintiff could not take benefit of weakness of the case of the defendants.;