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SANDEEP N. BHATT
Haseenabibi Sariyakhan Patahn – Appellant
Versus
Estate Officer – Respondent
JUDGMENT :
Sandeep N. Bhatt, J.
1. Both these second appeals are filed under Section 100 of the Code of Civil Procedure, 1908 ('CPC' for short) by the original plaintiff. Second Appeal No. 257 of 2023 is arising from Regular Civil Appeal No. 31 of 2004 arising from Regular Civil Suit No. 186 of 1993, whereas Second Appeal No. 258 of 2023 is arising from Regular Civil Appeal No. 30 of 2004 arising from Regular Civil Suit No. 266 of 1996. The common order passed in both the Regular Civil Suits dated 1.5.2004 by the learned Second Joint Civil Judge, Ahmedabad Rural and the common order passed in both the Regular Civil Appeals dated 20.4.2023 passed by the learned First Appellate Court i.e. 8th Additional District Court, Ahmedabad Rural are challenged by way of these second appeals, by raising the following substantial questions of law:
2. The Appellant being the monthly tenant without termination of the tenancy under section 108 of the Transfer of Property Act whether such summary proceedings under the Public Premises Eviction Act
Tenancy rights cannot be terminated without due process under the Transfer of Property Act, and eviction must follow legal requirements.
A second appeal under Section 100 of the Code of Civil Procedure must involve substantial questions of law, and unregistered tenancy agreements cannot establish non-evictable rights.
The main legal point established in the judgment is the application of the principle of estoppel against tenants or lessees in possession, as embodied in Section 116 of the Indian Evidence Act, which....
The court affirmed that a lease is terminated by efflux of time and issuance of quit notices, leading to unauthorized possession by the tenant, with no substantial question of law for appeal.
A tenant inducted by a mortgagee loses tenancy rights upon mortgage redemption, absent a direct contract with the mortgagor.
The court established that eviction can be granted based on bona fide necessity when the tenant's claim of occupying multiple rooms is not substantiated by evidence.
The court emphasized the importance of substantial questions of law in appeals under Section 100 of CPC and upheld the lower courts' decisions based on the evidence and material available on the reco....
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