COL. ZAMIR AHMAD (RETD.) Vs. (SMT.) SHAH-JAHAN BEGUM
LAWS(ALL)-1988-4-100
HIGH COURT OF ALLAHABAD
Decided on April 04,1988

Col. Zamir Ahmad (Retd.) Appellant
VERSUS
(Smt.) Shah -Jahan Begum Respondents

JUDGEMENT

M.P.Singh, J. - (1.) THIS is a defendant's revision against the order dated 18 -12 -1987 passed by III Additional District Judge, Rampur decreeing the suit for ejectment and for recovery of Rs. 7200/ - as damages for use and occupation. The plaintiff -respondent purchased the premises in dispute on 5 -8 -1966 from one Nawabjada Sayeed Moid Ali Khan by means of registered sale deed. The accommodation was let out by the plaintiff in the year 1968 to the defendant -applicant on a temporary basis for the marriage of his daughter. Despite request by the plaintiff, the defendant -applicant did not vacate the house and continued to reside therein.
(2.) ON 14 -12 -1982 the plaintiff made an application under Section 21(1)(a) of U.P. Act No. XIII of 1972 (hereinafter referred to as the Act) against the defendant for release of the accommodation on the ground of bona fide need for her personal use. This case was registered as Rent case No. 45 of 1982 (hereinafter referred to as the Rent case). The defendant -applicant filed a written statement in February, 1983 denying the need of the plaintiff -respondent as well as her title and also his status as a tenant. The defendant renounced his character as a tenant of the plaintiff and also has denied the ownership of the landlady and illegally set up the ownership and the land lordship of the disputed premises in Amir Khan, father of the plaintiff. Consequently the plaintiff by means of a notice dated 2 -3 -1983 determined his tenancy requiring him to vacate and hand over the possession of the disputed house to her after the expiry of 30 days from the date of receipt of the notice.
(3.) THIS notice dated 2 -3 -1983 was served on the defendant -applicant who sent his reply dated 17 -3 -1982 to the plaintiff -respondent by registered post through a counsel.;


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