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MAHENDAR KUMAR GOYAL
Mumtaj Ahmed S/o Habib Khan – Appellant
Versus
Firm Badrilal, Kedarlal Gangapurcity – Respondent
JUDGMENT :
This civil second appeal has been filed by the unsuccessful appellant/defendant/tenant (for brevity, “defendant”) against the judgment and decree dated 20.04.2019 passed by the learned Additional District Judge, Sawaimadhopur (for brevity, “the learned Appellate Court”) whereby, the Appeal No.126/2012 (1291/2014) preferred against the judgment and decree dated 19.04.2012 passed by the learned Civil Judge (Junior Division), Sawaimadhopur (for brevity, “the learned trial Court”) decreeing the Suit No.09/1996 (17/92) filed by the respondents/plaintiffs (for brevity, “plaintiffs”) for eviction and arrears of rent, has been dismissed.
2. The relevant facts in brief are that the plaintiffs filed a suit for eviction and arrears of rent against the defendant with the averments that the suit shop situated in Sawaimadhopur was let out by them to the defendant on 15.10.1988 @ Rs. 350/- per month. Alleging that the defendant has committed default in payment of rent for a period of six months, his eviction was sought along with arrears of rent.
3. The defendant in his written statement denying the relationship of landlord and tenant between the parties, submitted that he has taken the s
Point of Law : There is concurrent finding of fact with regard to establishment of relationship of landlord and tenant between parties qua subject property, which is not shown to be suffering from an....
The burden of proof lies with the party alleging the relationship of landlord and tenant, and in the absence of evidence to support the claim, the courts will uphold the findings of fact based on the....
In a landlord-tenant dispute, the factum of ownership or title is not required to be proved as strictly as in a title suit. Admissions made by the defendant are crucial in determining the relationshi....
The burden of proof shifts to the defendant to establish the Thika tenancy and his status as a Bharatia under the Thika tenant.
The court reinforced that concurrent findings of fact by lower courts are binding unless proven erroneous, particularly in eviction cases under the Rent Control Act.
The landlord-tenant relationship is vital for eviction suits; title issues cannot be resolved without proper framing and processes in appellate proceedings.
The burden of proof in establishing the landlord-tenant relationship and the consequences of non-compliance with court orders were central to the judgment.
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