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KHATIM REZA
Sheela Devi – Appellant
Versus
Urmila Sinha – Respondent
Khatim Reza, J. – Heard Ms. Sheela Sharma, learned counsel for the appellants and Mr. Alok Kumar Chaudhary, learned senior counsel for the respondent nos. 1 & 2.
2. This Second Appeal has been filed by the defendants-respondents-appellants against the judgment and decree of reversal passed by the learned First Appellate Court. The matter arises out of Eviction Suit No. 08 of 2011 filed by the plaintiffs-appellants-respondent nos. 1 & 2 under Section 14 of the BBC Act on the ground contained in Section 11(1)(c) and 11(1)(e) and reserve their right to take another remedy on the ground of default in payment of rent. The defendants contested the claim by denying the title of plaintiff no. 1 and further denied the relationship of landlord and tenant between the parties therefore, the question of default in payment of rent does not arise.
3. The eviction suit was dismissed by learned Sub Judge XVII, Patna vide judgment and decree dated 29.01.2019 passed in Eviction Suit No. 08 of 2011, which was thereafter challenged by the plaintiffs by preferring Eviction Appeal No. 05 of 2019. Upon hearing the parties and considering the materials available on record, the learned Additional District Jud
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 landlord-tenant relationship is vital for eviction suits; title issues cannot be resolved without proper framing and processes in appellate proceedings.
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 existence of a landlord-tenant relationship is established by unchallenged ownership, while denial of title by a tenant does not negate eviction rights against unproven claims.
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.
The landlord's assessment of personal necessity is paramount, and courts should not interfere unless findings are perverse or unsupported.
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