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TUSHAR RAO GEDELA
Mohd. Shahdab – Appellant
Versus
Dinesh Dhawan – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. This is a second appeal filed by the appellant/ tenant against the order passed by the learned First Appellate Court in RCA DJ 55/2020 titled as "Mohd. Shahdab vs. Dinesh Dhawan" dated 28.09.2022, whereby the appeal under Section 96 of the Civil Procedure Code, 1908 was dismissed confirming the judgment and the decree dated 14.02.2020 passed by the learned Trial Court.
A. FACTS AS NOTED BY FIRST APPELLATE COURT
(i) The plaintiff (respondent herein) being the lawful owner of property bearing no.C-355, Chinnot Basti, Multani Dhanda, Nabi Karim, Paharganj, New Deli-110055 (hereinafter referred to as "suit property") rented out one room (shop no. 3) for carrying the work of kabadi at the ground floor (area measuring 8x10 sq.ft.) in the suit property to the defendant (appellant herein) at the monthly rent of Rs. 11,600/- per month exclusive of other charges in according with the Rent Agreement dated 27.07.2016 signed by the defendant for 11 months.
(ii) It is further averred that the defendant has taken over the physical possession of the tenanted premises from the landlord on 01.07.2016. Theref
The best evidence available to deny the possession of the tenant should be produced, and failure to question the admissibility of crucial documents may preclude raising factual issues in an appeal.
The burden of proof lies on the plaintiff to establish the license to evict a licensee, and the defendant must prove genuine tenancy through admissible evidence. Courts can reject suspicious document....
Possession can be decreed under Order XII Rule 6 CPC when there is an admission of tenancy, despite disputes over rent or security. Lack of evidence supporting claims weakens the tenant's position.
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 admission of tenancy and the legal notice served by the plaintiffs justified the decree for possession. Lack of evidence to support the appellant's plea regarding the monthly rent led to its reje....
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