SMT. MARIAM AND OTHERS Vs. AKBAR KHAN AND OTHERS
LAWS(ALL)-1977-11-55
HIGH COURT OF ALLAHABAD
Decided on November 30,1977

Smt. Mariam And Others Appellant
VERSUS
Akbar Khan And Others Respondents

JUDGEMENT

B.N. Sapru, J. - (1.) This is a defendants' appeal arising out of a suit for ejectment and recovery of arrears of rent. The plaintiff's case was that Bashir Ahmad, defendant No. 2 was the owner of the house and he sold it to the plaintiff on 21.8.1952. According to the plaintiff defendant No. 1 was a sitting tenant and as he did not pay rent for more than three years the plaintiff served upon him a notice of demand dated 27.6.1957. Defendant No. 1 denied the plaintiffs' title and claimed to be the owner himself. Hence, the plaintiff claimed the ejectment of the defendant No. 1 and also for a decree for arrears of rent at the rate of Rs. 8/- per month.
(2.) Defendant No. 2. the previous owner filed a written statement stating that he had no concern with the house and that he bad been unnecessarily impleaded in the suit.
(3.) Defendant No. 1, the present appellant filed a written statement claiming that defendant No. 1 and his predecessor in interest had been in possession of the house for more than 30 years, and had established their title by adverse possession. Defendant No. 1 also denied the ownership of the plaintiff.;


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