17 numbergthombam mani singh v. puyam chand mohan singh air 1959 manipur 14 labhu ram v. mool chand air 1921 lahore 91 ganga prasad v. nandu ram air 1916 patna 75 and smt.
the judgment of the trial companyrt was set aside in appeal by the civil judge district muzaffarnagar by his decision dated 13th december 1985 the effect of which was to decree the suit filed by the respondent banda.
in 1974 the appellant filed a suit for eviction of both habib and the subtenant banda in the court of small causes.
from the judgment and order dated 23.7.1988 of the allahabad high companyrt in second appeal number 1116 of 1986.
two companytentions were raised before us by shri shanti bhushan the learned companynsel appearing for the appellant.
shanti bhushan and vijay k. jain for the appellant.
in the suit he claimed two reliefs viz.
rameshwar dayal who was its owner.
he had filed suit number 591/66 against habib for recovery of rent and the suit was decreed.
that the decree passed by the small causes companyrt in suit number 45/1974 was nullity and an injunction restraining the defendant in the suit namely rameshwar dayal the present appellant from dispossessing him of the property.
the judgment of the companyrt was delivered by sawant j. leave granted.
this suit was decreed against both habib and banda.
his application was dismissed.
hence the case proceeded ex parte against him.
civil appellate jurisdiction civil appeal number 140 of 1993.
in support of its companyclusion the trial court relied on a registered rent deed dated 7th december 1956 under which the present appellant had let out the property in dispute to some other tenant earlier.
the revision filed by him before the additional district judge was also dismissed on 26th september 1977.
the second appeal filed by the appellant was dismissed by the high companyrt by the impugned order.
the appellant claimed to be the owner of gher property in dispute in the town of shameili and in that capacity according to him he had let out the property to one habib as long ago as in 1966.
according to the appellant habib sublet the property to one banda.
thus according to the appellant the eviction decree against both habib and banda became final on that date.
however banda filed the present suit on the basis of his title as the owner of the property which has given rise to the present appeal.
thereafter banda filed an application for setting aside the said decree.
p. rao and shakil ahmed for the respondents.
