They again claimed that the property was owned by defendant number3 Mustaffa Shah Khan who had been impleaded as party in this suit.
Civil Appeal No.
Half of Subratis property i.e. 1/6th of the total which had fallen to the share of Pir Bux from Subrati was inherited by his son Gulam Farid who in turn sold this property to Lalta Prasad Tamta by way of a sale deed on 28.07.1944.
The remaining 1/3rd companytinued to be under mortgage.
He then filed Suit No.115 of 1960 for their eviction.
One of the brothers, Subrati died issueless and his share of the property devolved upon his two brothers Pir Bux and Kalia, who got an additional 1/6th share each making them owners of half share each in the property.
Defendant number2, i.e. the tenant, filed an appeal being Civil Appeal No.10 of 1975 but numberappeal was filed by defendant number3 Mustaffa Shah Khan against the decree passed by the trial companyrt.
On the death of Kalia, his share was succeeded by his son Ilahi Bux, and on the death of Ilahi Bux his widow Smt.
Murtaza Jahan in this Court on the ground that she was also one of the legal heirs and numbernotice had been served upon her.
The defendant number.
Each brother had 1/3 rd share in the Signature Not Verified property.
The defendant number.
It is the case of the plaintiff that defendant number1 Khalil Ahmed and defendant number2 Ali Ahmad were permitted to stay in some portion of this house by Lalta Prasad Tamta.
Hafizan succeeded to his share of the property.
The suit was accordingly decreed on 23.03.1975.
It was pleaded that the suit for redemption is barred by time.
Lalta Prasad Tamta in turn sold the property to Mohan Chandra Tamta, appellant herein, on 27.08.1966.
It was urged that defendant number 3 Mustaffa Shah Khan had numberright in the property suit.
1 and 2 companytested the suit and denied the ownership of the plaintiff on the suit property.
The first appellate companyrt allowed the appeal and dismissed the plaintiffs suit holding that plaintiff is the owner of the property only to the extent of 3/4th share and since defendant number.
Mohan Chandra Tamta filed a suit for recovery of possession of the top floor of the house 3rd floor and in the alternative also prayed for redemption of any unredeemed portion of the mortgaged property and expressed his willingness to pay the balance mortgaged amount.
This Court allowed the appeal only on that short ground and remanded the case to the High Court.
1 and 2.
One of his sons Mahmood Shah Khan had 1/3 rd share of 1/3rd, i.e. 1/9th share in the property.
In 1960, Lalta Prasad Tamta issued numberice to the said two defendants to vacate the house but they refused to do so.
1 and 2 denied the title of Lalta Prasad Tamta over the property and claimed that they were the tenants of defendant number3 Mustaffa Shah Khan, who was number a party in this suit.
The present appellant filed a second appeal in the Allahabad High Court.
The first records of this house are from the year 1872 when this property is recorded in the ownership of three brothers namely Pir Bux, Kalia and Subrati.
Over a period of time the building started subsiding and the ground floor got embedded in the earth and only two storeys were left.
According to the plaintiff, Gulam Farid redeemed the property from Ahmadulla Khan and sold the 1/3rd share to Lalta Prasad Tamta on 17.03.1954.
Digitally signed by MEENAKSHI KOHLI Date 2019.09.12 Pir Bux mortgaged his 1/3rd share in favour of one 130311 IST Reason Ahmadulla Khan for Rs.50/ in the year 1872.
Another relevant fact is that according to the plaintiff after the death of Ahmadulla Khan he was succeeded by three sons.
58 of 1961 filed before the District Judge, Nainital, was also dismissed.
The suit property was a three storeyed structure in the town of Almora in Uttarakhand.
A finding was given that the entire property transferred to Ahmadulla Khan was redeemed by Lalta Prasad Tamta.
She sold her entire share of the property i.e., 50 to one Lalta Prasad Tamta, predecessor in interest of the present appellant.
Mahmood Shah Khan transferred his rights of mortgagee to one Sadiq Hussain and Vilayat Hussain.
In 1958, Lalta Prasad Tamta instituted a Civil Suit No.216 of 1958 against Sadiq Hussain and Vilayat Hussain.
The Trial companyrt held that Lalta Prasad Tamta had acquired full ownership of the property and he had transferred the same to Mohan Chandra Tamta.
According to the plaintiff, encouraged by the dismissal of this suit, the defendants got further emboldened and trespassed over other rooms in the house.
Therefore, Lalta Prasad became the full owner of the property.
The said suit instituted by Lalta Prasad Tamta was dismissed.
Defendant number3 supported the stand of defendant number.
The litigation initially started almost 59 years back.
Deepak Gupta, J. This case has a long and chequered history.
A companypromise was arrived at between the parties and Sadiq Hussain and Vilayat Hussain abandoned their rights in the property.
Thus, Lalta Prasad Tamta became the owner of 2/3rd of the structure.
An appeal was filed by one Smt.
