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BELA M. TRIVEDI, SATISH CHANDRA SHARMA
Rama Kt. Barman (Died) Thr. LRS. – Appellant
Versus
Md. Mahim Ali – Respondent
JUDGMENT :
BELA M. TRIVEDI, J.
1. The appellants-original plaintiffs have assailed the Judgment and Decree passed by the High Court of Gauhati in Regular Second Appeal No. 74/2006, whereby the High Court had allowed the appeal preferred by the respondents-defendants, holding that the appellants-plaintiffs were not entitled to get the recovery of khas possession of the suit land by evicting the respondents-defendants therefrom.
2. The broad facts leading to the present appeal are that the appellants-plaintiffs had filed the Title Suit No. 5/2002 in the Court of Civil Judge (Junior Division) No. 2, Barpeta seeking declaration with regard to the right, title and interest over the scheduled land and for evicting the respondents-defendants from the suit land in question, as also seeking permanent injunction. The said suit was contested by the respondents-defendants by filing the written statement. From the pleadings of the parties, the Trial Court had framed the following issues:
2. Whether the plaintiff has right, title and interest over the suit land?
3. Whether the plaintiffs allowed the defendants to cultivate one portion of the suit land in “
An appellate court must adhere to procedural fairness and cannot introduce new issues without allowing parties to present evidence.
Tenant cannot be evicted without the landlord proving lawful title, and concurrent findings of fact by lower courts are not to be interrupted unless perverse.
(1) Forfeiture of tenancy – It is defendants who had to prove forfeiture of tenancy prior to expiry of lease period.(2) Adverse Possession – By pleading adverse possession party seeks to defeat right....
A second appeal under Section 100 of the Code of Civil Procedure must involve substantial questions of law, and unregistered tenancy agreements cannot establish non-evictable rights.
Eviction of tenants requires a mandatory notice under Section 11 of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955, failure of which renders the eviction suit not maintainable.
Tenancy claims under the Assam Tenancy Act must adhere to statutory provisions, and civil courts have jurisdiction when administrative processes violate due diligence.
The court ruled that framing additional issues after arguments is lawful if it aids in resolving the matter, and failure to substantiate claims regarding tenancy rights led to dismissal of the appeal....
The High Court's jurisdiction under Section 100 CPC is limited to substantial questions of law, not to disturb factual findings by lower courts without valid grounds.
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