IMPORTANT POINT
Tenant is not entitled to question ownership of the landlord.

JUDGMENT

Uday Umesh Lalit, J.

1. Leave granted. This appeal challenges correctness of the judgment and order dated 20.10.2010 passed by the High Court of Chhattisgarh at Bilaspur allowing Second Appeal No.242 of 1989 and setting aside concurrent decisions of the Trial Court and Lower Appellate Court granting decree of eviction in favour of the appellants.

2. Civil Suit No.67-A of 1979 was filed by Vasudev Shyamji and Govind Shyamji, the predecessors of the appellants seeking eviction of one Bhanaram Sharma, predecessor of the respondents from suit house which was described in the plaint as the front portion of house No.189/1, Ward No.18, Raigarh. The eviction was sought on grounds including bona fide need. In paragraph 2 of his written statement Bhanaram stated, “……..It is specifically denied that the plaintiffs are owners of house No.189/1 in Ward No.18 of Raigarh Town. This being a suit for eviction of a tenant the question of ownership is not relevant to the suit.”

3. Thus though it was denied that the plaintiffs were owners of the suit house, in the very next sentence defendant Bhanaram asserted that the question of ownership was not relevant in the instant suit. Bhanaram entered the witness box and in his cross-examination admitted that the lease from Nazul Department stood in the name of plaintiffs and that the witness himself had produced the same in some other proceedings. It was further accepted that he had paid rent by money orders sent in the name of Shyamji Gangji, father of the plaintiffs.

4. The aforesaid suit was re-numbered as Civil Suit No.417A of 1986. After considering the evidence on record the Trial Court by its judgment and order dated 21.01.1987 decreed the suit principally on the ground that the plaintiffs required the suit house for reconstruction and for bona fide need.

5. The matter having been carried in appeal by Bhanaram, the Lower Appellate Court also considered the question regarding ownership of the suit house. While considering the evidence of Bhanaram, it observed, “……This witness has also admitted that lease from nazul of this property was also accepted in the name of plaintiffs and he himself has produced that lease on his behalf in other civil court.” The Lower Appellate Court affirmed the view taken by the Trial Court and dismissed Civil Appeal No.3A/87 vide its judgment and order dated 20.03.1989.

6. The heirs of Bhanaram namely the respondents being aggrieved, filed Second Appeal No.242 of 1989 in the High Court of Chhattisgarh at Bilaspur. This appeal came to be allowed by the High Court vide judgment and order dated 20.10.2010. It was observed by the High Court that for a plaintiff to succeed in seeking eviction of tenant on the ground of bona fide need under Section 12(1)(e) of the Chhatisgarh Accommodation Control Act, 1961 (hereinafter referred to as the “Act”) it was incumbent to establish that he was owner of the accommodation in question. After considering the evidence on record, particularly that of defendant Bhanaram it was observed:

“Evidence of this witness, pleadings and evidence of defendant Bhanaram Sharma clearly reveal that father of Vasudev Shyamji i.e. Shyamji Gangji was landlord of the suit accommodation, but was not owner of the suit accommodation. In his detailed evidence, Vasudev Shyamji has not stated anything to show that how he became owner of the suit accommodation.”

According to the High Court, the fact that defendant Bhanaram used to pay rent of the suit house to the father of the plaintiffs, was not sufficient to prove ownership over the suit house especially when ownership was under dispute and the plaintiffs had not adduced any evidence to prove the issue of ownership.

7. The aforesaid judgment of the High Court is presently under appeal. We heard Mr. Kamal Mohan Gupta, learned Advocate in support of the quotation and Mr. Ujjal Banerjee, learned Advocate for the respondents. Relying on the decision of this Court in Anar Devi(Smt) v. Nathu Ram, (1994) 4 SC