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ARUN KUMAR JHA
Remi Am. David@ Remy Michael David – Appellant
Versus
Shyam Sundar Prasad – Respondent
Arun Kumar Jha, J.—Heard the learned counsel for the parties and I intend to dispose of the instant petition at the stage of admission itself.
2. The present petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 15.04.2023 passed by the learned Munsif, Bettiah in Eviction Suit No. 01 of 2020, whereby and whereunder the learned Munsif, Bettiah has rejected the petition filed by the petitioner under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as ‘the BBC Act’).
3. Learned counsel for the petitioner submits that the petitioner is plaintiff before the learned trial court and has filed Eviction Suit No. 01 of 2020 for decree of eviction against the defendant/respondent and had also prayed for handing over the possession of the suit property apart from payment of arrears of rent. The respondent is the tenant and an agreement was executed between the petitioner and respondent on 01.06.2019 and it was agreed that the defendant would pay monthly rent @ Rs. 3,000/- per month apart from electricity bill. The respondent paid the rent to the plaintiff till 30.11.2019 and thereafter stopped
Transferee landlord can evict for personal necessity without attornment; unproven tenant-prior agreement to sell does not end tenancy; revisional court examines only legality, not reappreciates facts....
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
The landlord-tenant relationship is vital for eviction suits; title issues cannot be resolved without proper framing and processes in appellate proceedings.
The existence of a pending suit for specific performance by defendants serves as prima facie evidence of the landlord-tenant relationship, affirming the necessity of rent payment despite claims of ow....
The execution of an agreement of sale does not terminate the landlord-tenant relationship if rent continues to be paid, and evidence from a power of attorney holder is admissible if supported by docu....
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