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PARTHIVJYOTI SAIKIA
Unisa Roy W/o Sri Tapas Roy – Appellant
Versus
On The Death Of Haji Md. Jahurul Hoque Majumder S/o Late Haji Ahmed Ali Majumder – Respondent
JUDGMENT AND ORDER :
Heard Mr. N. Dhar, learned counsel appearing for the petitioner. Also heard Mr. S.P. Choudhury, the learned counsel representing the respondents.
2. This is an application under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution of India whereby the judgment and order dated 26.04.2018 passed by the learned Civil Judge No.1, Cachar, Silchar in Title Appeal No.10/2016, affirming the judgment and decree dated 27.01.2016 passed by the learned Munsiff No.1, Cachar, Silchar in Title Suit No.34/2011 is put to challenge.
3. The petitioner herein (the defendant before the trial court) had a tenancy agreement dated 02.09.2004 in respect of a room with the present respondents (the plaintiffs before the trial court) for a period of three years. The monthly rent was agreed at Rs.2,400/-. It may be stated that she paid an advance amount of Rs.20,000/-, which was to be adjusted with the monthly rent @ Rs.555.55. Accordingly, the tenancy agreement expired on 03.09.2007.
4. But the petitioner continued to occupy the suit room. Therefore, the respondents filed the suit before the trial court praying for eviction of the present petitioner as well as
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The sale agreement can extinguish the landlord-tenant relationship, as evidenced by substantial payment and conduct of the parties.
(1) Parties who have acted in terms of agreement for sale and altered their relationship consciously cannot now go back to their old relationship and seek relief in terms of such relationship.(2) Whe....
Section 54 of Act of 1882 defines what is a contract for sale thereby meaning that a contract for sale of an immovable property is a contract that a sale of such property shall take place on terms se....
A tenant cannot claim ownership or protection against eviction based on an unregistered oral agreement. The jural relationship of landlord and tenant persists until surrender of possession, and the d....
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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