SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1993 Supreme(Pat) 76

U.P.SINGH
Anant Pd. Sah Alias Anant Kumar Gupta – Appellant
Versus
Devendra Nath Gupta – Respondent


Judgment

1. Both these revision applications are directed against a common order passed by the Subordinate Judge in Title Suit No. 26 / 91 directing the petitioner to deposit the arrears of rent as also the current rent under Sec. 15 of the Bihar Building (Lease, Rent and Eviction) Control Act. The defence has also been struck off.

2. Mr. S. C. Ghosh, learned counsel appearing for the petitioner has contended that the suit as such was not maintainable under the Bihar Building Rent Control Act since the leased out property to the petitioner was only a parti land bounded with walls and, therefore, the same would not be covered within the definition of building as defined under Sec. 2(b) of the Act.

3. In order to prove the fact that only the parti land was leased out to the petitioner, reliance was placed on the lease deed itself and the map of the land in question. It was pointed out that only parti land bounded with walls were leased out to the petitioner and, later, the petitioner constructed his own structure. These facts could not be disputed by the respondents. However, it was contended on their behalf that since the parti land was bounded by brick walls, it would be covered wit





Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top