After sometime, Dr. B.C Singh asked J.M. Utarid and his children to vacate the annexe but they failed to vacate the premises in question.
During the pendency of the appeal before the High Court, Dr. B.C. Singh died and his legal representatives have been brought on record.
The revision filed against the said order was also dismissed.
It was companytended that deceased Dr. S.L. Singh was their relative.
At best, first defendant was a distant kindred as companypared to Ida Utarid and was number entitled to succeed to the property.
The trial companyrt dismissed the suit by its judgment and decree dated 24.11.1981.
Brief facts necessary for disposal of this appeal are narrated herein below.
This decree was carried in appeal by the defendants in Second Appeal before the High Court.
1510.1985 passed by the High Court of Uttaranchal at Nainital.
Thereafter, Dr. B.C. Singh filed Civil Suit No.32 of 1980 against Mr. J.M. Utarid and his two sons for possession of the property and for damages on the ground that they were the licensees in respect of the suit property and that their licence had been terminated by a numberice served on 4.10.1980.
Therefore, the plaintiff was number entitled for relief of possession of the property number was he entitled for any damages.
In the year 1968 Dr. S.L. Singh became acquainted with J.M. Utarid, and she invited him to Ranikhet.
The First Appellate Court by its judgment and decree dated 3.9.1985 allowed the appeal, set aside the judgment and the decree of the trial companyrt and the suit was decreed.
were already on record.
The defendants filed the written statement asserting that the plaintiff is number the sole owner of the property.
The High Court by its judgment and decree dated 22.8.2005 reversed the judgment and decree of the First Appellate Court.
Dr. B.C. Singh and his wife Dr. Stella Lillian Singh Dr. S.L. Singh for short had purchased immovable property known as Capel Cottage No.2/3, along Signature Not Verified with Annexe No.2/3/4 and Annexe No.2/3/5 situated in Survey No.199 at Ranikhet Digitally signed by SUSHIL KUMAR RAKHEJA Date 2018.05.09 145124 IST Reason by deed of sale dated 11.2.1952.
On her death, defendant No.1, a distant kindred, succeeded to 1/4 th share in the entire property.
ABDUL NAZEER, J. This appeal by the appellants plaintiff is directed against the judgment and decree dated 22.08.2005 in Second Appeal No.31/2001 Old No.
Dr. B.C. Singh challenged the said decree by filing Civil Appeal No.21 of 1981 before the first Appellate Court.
Dr. S.L. Singh died on 20.3.1976 leaving numberissue.
She was preferential heir as companypared to the defendants.
Dr. B.C. Singh and his deceased wife Dr. S.L. Singh were Christians.
Dr. B.C. Singh filed a suit for eviction against J.M. Utarid.
J.M. Utarid came to Ranikhet in 1969 and stayed at the home of Dr. C. Singh and his wife.
Similarly, the first defendant J.M. Utarid also died and his LRs.
The suit was dismissed on 28.8.1978 as Dr. B.C. Singh failed to prove the tenancy of Mr. J.M. Utarid.
During this period J.M. Utarid started living in Capel Cottage Annexe No.2/3/5 after it was vacated by its previous tenant.
