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IN THE HIGH COURT OF JUDICATURE AT PATNA
KHATIM REZA
Krishna Kumar @ Krishna Sharma S/o Late Shiv Pal Sharma @ Late Sripal Sharma – Appellant
Versus
Ruchi Singh W/o Shri Abhay Kumar Singh – Respondent
| Table of Content |
|---|
| 1. filing of second appeal after dismissal of eviction suit. (Para 1 , 2 , 3 , 4) |
| 2. ownership and prior tenancy relationship established with the defendants. (Para 5 , 6 , 7) |
| 3. defendant claims unauthorized use by trust. (Para 8 , 9) |
| 4. court analyses ownership based on deeds. (Para 10 , 11 , 12) |
| 5. court finds no merits in defendant's claim as a licensee. (Para 13 , 14) |
| 6. second appeal dismissed; no substantial question of law. (Para 16) |
ORDER :
KHATIM REZA, J.
1. This Second Appeal has been filed by the defendants– respondents–appellants against the judgment and decree passed by the learned Court of Appeal below.
2. The matter arises out of Eviction Suit No. 1 of 2007, filed by the plaintiff–appellant–respondent for eviction of the appellants on the grounds of bona fide personal necessity and default in payment of rent.The original defendant, namely Sripal Sharma (now deceased and duly substituted by his heirs during the pendency of the suit), contested the claim by denying the title of the plaintiff and further disputed the suit on the ground that no relationship of landlord and tenant existed between the parties, and therefore, the question of default in payment of re
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 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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