CASE DIARY (CIVIL MATTER)

SUBMITTED TO- Dr. Prof. Eqbal Hussain

SUBMITTED BY- SAIF ALI
4TH YEAR SEC.-A (2016-2017)
FACULTY OF LAW, Jamia Millia Islamia

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SYNOPSIS OF THE CASE:
Ms. Rafia Omer let out the ground floor of house comprising of three rooms,
bathrooms, latrine, corridor and courtyard to the partner of petitioner on a
monthly rent of Rs. 330/- per month. The lease was for a period of eleven
months. The said lease was unregistered. Further first floor of the house was
let out to the petitioner as proprietor of the petitioner. The lease was for a
period of eleven month. Rafia omer filed a petition for eviction of third floor
and stopped accepting the rent. Respondent alleged that the rent has not
been paid by the petitioner. Further it was alleged by the respondent that he
has become the owner of the property by the Hiba.

Eviction suit was passed by the Ld. Civil judge, Bhopal. Petitioner filed an
appeal against the judgment. Trial court dismissed the petition of
respondents for seeking eviction. In the appeal to the high court, the Ld.
Single judge of Honble High court of Madhya Pradesh vide impugned
judgment dated 27.6.2016 has dismissed the appeal and affirmed the order.
Aggrieved from the judgment and order, the petitioner is filing the present
petition.

OBSERVATION REGARDING THE CASE:

I have attended the proceeding of this case from 27-06-16 to 14-07-2016 and
even helped in drafting the Special Leave Petition. After perusal of the whole
case it can be concluded that there is no direct evidence to prove how Hiba
was made, as it is no existent so the eviction order ought to have been
dismissed.

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