N.K. Mehrotra, J. - (1.) This is second appeal against the judgment and decree dated 2.8.1980 passed by 1st Additional District Judge, Faizabad upholding the judgment and decree dated 6.11.1978 passed by Civil Judge, Faizabad.
(2.) I have heard Shri Molul, Arif Khan, learned counsel for the appellants and Shri Abid Ali for the respondent No. 1.
(3.) It appears from the facts on record that Smt. Rasheeda Khatoon plaintiff-respondent No. 1 filed suit against Usman, Abo Mohammad (deceased appellant No. 1) and Mashooq Ali (deceased appellant No. 2) with the allegations that house No. 2868 situated in Mohalla Hayat Ganj in Tanda. District Faizabad was the property of late Abdul Haq @ Hukka who died on 24.1.1972. The only son of Abdul Haq @ Hukka left India for Pakistan leaving Abdul Haq alone, in Tanda, District Faizabad. It is alleged that there was none in Tanda to look after him. Hazi Madari the father of Smt. Rasheeda Khatoon, the plaintiff-respondent was a close friend and neighbour of Abdul Haq. Smt. Rasheeda Khatoon used to look after Abdul Haq and used to spend money for his services. It is further alleged that about seven years before the filing of the suit on the occasion of ld. Abdul Haq on being pleased from the services of Smt. Rasheeda Khatoon made oral gift of the house in suit in favour of the plaintiff-respondent Smt. Rasheeda Khatoon which was accepted by her and he handed over possession to Smt. Rasheeda Khatoon over that house. Since then Smt. Rasheeda Khatoon was living in the house of Abdul Haq and was looking after him also. In the southern portion of the house, there were tenants. They were making payment of rent to Abdul Haq but after the alleged oral gift, Smt. Rasheeda Khatoon was realising the rent from them as owner of those shops. After about one year before the death, Abdul Haq felt apprehension that after his death, some other person may disturb the possession of the plaintiff, hence, as an evidence of oral gift, he executed a written deed of gift in favour of the plaintiff. Smt. Rasheeda Khatoon even after the death of Abdul Haq continued to be in possession of that house. It is alleged that within one month from the date of death of Abdul Haq, the defendants dishonestly moved an application under Section 145, Cr. P.C. before S.D.M.. Tanda with an intention to evict the plaintiff from that house. The plaintiff-respondent Smt. Rasheeda Khatoon filed a suit for declaration that she was owner and in possession of the house in suit. During the pendency of the suit, the defendants took possession over the house in pursuance of the release order passed by the S.D.M. on 12.4.1975. Thereafter, the plaintiff amended the plaint and sought the relief of possession also.;