Back
SANJAY KAROL, PRASHANT KUMAR MISHRA
Rabindranath Panigrahi – Appellant
Versus
Surendra Sahu – Respondent
JUDGMENT
SANJAY KAROL J.
Leave Granted.
2. The present appeal is directed against the judgment and order dated 20th June 2022 of the High Court of Orissa at Cuttack passed in RSA No.131 of 2011 (Second Appeal), whereby the concurrent findings returned by the Courts below vide judgments dated 12th October 2007 [Hereinafter referred to as “The Trial Court”] by Civil Judge (Senior Division), Berhampur and dated 29th January 2011 [Hereinafter, “First Appellate Court”] by 1st Addl. District Judge, Berhampur (District Ganjam), were overturned.
3. The brief facts giving rise to the present appeal are as under:
3.2 The plaintiff claims that he is the adopted son of Smt. Ashalata Devi, and, as such, after her death the plaintiff inherited all her pr
Finding of fact could not be disturbed by Court in Second Appeal.
The case established the importance of evidence in establishing the relationship of landlord and tenant, and the liability for non-payment of rent under the Bihar Building (Lease, Rent & Eviction) Co....
The main legal point established in the judgment is that the Plaintiff must prove the relationship of landlord and tenant to be entitled to the reliefs sought in an eviction suit.
1. A court is barred from entertaining an issue which has already been decided previously by any court of law. 2. The pre-condition for establishing the tenant-landlord relationship is that the landl....
Adverse possession claims require acknowledgment of the original owner's title; mere long-term possession without proof of acknowledgment negates the claim.
Second appeal – High Courts are required to hear second appeals under Section 100 of CPC only on the satisfaction that there exists a substantial question of law and the appeal has to be heard on que....
A tenant inducted by a mortgagee loses tenancy rights upon mortgage redemption, absent a direct contract with the mortgagor.
The court established that eviction can be granted based on bona fide necessity when the tenant's claim of occupying multiple rooms is not substantiated by evidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
