- (1.) J. C. Mishra, J. This appeal has been filed against the judgment and decree dated passed by 1st Additional District Judge, Rampur allowing Appeal No. 35 preferred against the judgment and decree dated 16-3-92 passed by Additional Judge, Rampur by which the suit filed by the respondent Smt. Har Pyari was dismissed and also the judgment and decree in civil appeal No. 37 of 1992 which was dismissed and the judgment and decree passed by the trial Court was maintained.
(2.) THE respondent Smt. Har Pyari filed suit No. 103 of 1985 against the appel lant. THE property in question, according to her, belonged to Mathura who mortgaged it in year 1922 in favour of Nanhey Khan. THE mortgaged was redeemed ort 26-8-1992 was again mortgaged on 19-4-1945 in favour of Raghuvir Sahay and after redemption third mortgage deed was executed in favour of Raghuvir Sahay on 16-6-49 but was re-deemed. The plaintiff's case was that the house in dispute was inherited by Shiv Sharma and Hari Shanker, who were grandsons of Mathura. Hari Shanker had a son Anil Kumar Sharma. Shiv Shankerhad three sons, namely, Suresh Chandra Sharma, Mai Chandra Sharma and Vijay Kumar Sharma and a daughter Smt. Bipin Lalta. Then the case of the plaintiff Har Pyari was that Mahesh Chandra Sharma, Suresh Chand Sharma, Vijay Kumar Shar ma and Anil Kumar Sharma executed sale deed on 8th October, 1984 and transferred the property in question in her favour. Prem wall, widow of Shiv Shanker Smt. Beena Sharmaj brother's wife Sharma accepting the transfer through sale deed dated 8th October, 1984 relinquishment deed in favour of Smt. Har Pyari on 19-4-1985. Thereafter, Smt. Bipin Lata, daughter of Shjv Shanker and Smt. Vidya widow of Hadi Shanker also executed relinquishment deed in favour of Smt. Hari Pyari on 10-5-1985. Thus, all the heirs of Mathura through registered deeds transferred the rights and interest in the property in suit and, therefore, the plain tiff Har Pyari became sole owner of the property in suit. Then the case of the plaintiff Har Pyari was that the house in suit was let out to defendant Ram Kishore on 21st July, 1973 and a memorandum was executed by him. The house was repaired and the rent was enhanced to Rs. 80/- per month on 21-7-74. The defendant Ram Kishore did not pay rent and, therefore, the heirs of Shiv Shanker Sharma demanded arrears of rent and in default terminated the tenancy of the defendant Ram Kishore by notice dated 15th October, 1977. Ram Kishore sent a reply on 11-2-78 and denied the fact that he was tenant and also denied the title of the heirs of Shiv Shanker Sharma. As the notice was signed by Mahesh Chandra Sharma alone another notice was sent by the heirs on 21- 3-78 which was served on 22-3-78. The defendant Ram Kishore did not reply nor deposited the arrears of rent and damages. However, some influential persons intervened and the amount of rent which was enhanced to Rs. 80/- per month was reduced to Rs. 40/- per month. Ram Kishore paid the entire arrears of rent at the rate of Rs. 40/-per month.
(3.) THE plaintiff's case is that the house in suit existing at plot No. 1920 and 1921 and was recorded in the records of town area. After transfer of the property in question Smt. Har Pyari became owner and landlord of the premises in suit but the defendant Ram Kishore did not accept her title nor paid any rent. THE plaintiff Smt. Har Pyari sent a notice on 13-5-85 demanding arrears of rent and in default terminated the tenancy. THE defendants sent reply disputing the title of Smt. Har Pyari claiming themselves to be owner of the disputed shops; Hence the suit. The defendant-appellants con tested the suit, inter alia, that the shops in question are not located in mohalla Sadat but in mohalla Amiran and they had never taken the shops on rent from Shiv Shanker Sharma nor any relationship of landlord and tenant was established between them. The shops in question belonged to the defendants' father Nanheymal. He was ex clusive owner. He died 36 years before. The defendants became owner of the shops in question and started business of preparing sweetmeats. They constructed a chabutara in 1971 regarding which a notice was sent by the town area on 10th April, 1971.;