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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
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 rent does not arise.
3. The Eviction Suit was dismissed by the learned Civil Judge (Junior Division)–cum–Munsif, Dehri- On-Sone, Rohtas, vide judgment and decree dated 21.12.2020 passed in Eviction Suit No. 1 of 2007, which was thereafter challenged by the plaintiff by preferring Eviction Appeal No. 01 of 2021. Upon hearing the parties and considering the materials available on record, the learned 4th Additional District and Sessions Judge, Rohtas at Sasa
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....
The defined 'premises' under the Bombay Rent Act excludes areas lacking independent accommodations, impacting claims for tenant protections.
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