Court : Allahabad
Decided on : May-11-1944
Reported in : AIR1944All177
Sinha, J.1. The facts which have given rise to this appeal are briefly these : The village in dispute is Chhatari in the District of Bulandshahr. It has extensive abadi which is divided into houses and shops. They are occupied by ryots who pay rent only for the shops and not for residential houses. The plaintiff is admittedly its sole zamindar. Shiam Lal, defendant 1 and his two sons Shiva Shankar alias Sallo and Baldeo Shankar alias Ballo, defendants 2 and 3, are his sons. Defendant 4 is the son of the brother of Shiam Lal. The first three defendants occupy a house in the abadi of mauza Chhatari. They do not, however, pay any rent or other dues to the plaintiff. The plaintiff came to Court with the following allegations : The defendants lived in the abadi of mauza Chhatari as ryots and were entitled to use and occupy the said house for residential purpose only, he being the owner of the site of the house. The plaintiff went on to say that the defendants, who were members of a joint Hi...
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