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MAHENDAR KUMAR GOYAL
Naresh adopted Son of Mahesh – Appellant
Versus
Mu. Kesar W/o Kanhaiyalal (Died), being represented through legal representatives – Respondent
JUDGMENT :
1. This civil second appeal has been filed by the appellant/defendant/tenant (for brevity- ‘the defendant’) who suffers concurrent findings of facts against him vide judgement dated 26.4.2016 passed by the learned Senior Civil Judge, Bandikui, District Dausa (for brevity- ‘the learned trial court’) decreeing the civil suit no.93/95, B.T. No.02/2010 filed by the predecessor-in-interest of the respondents/plaintiffs for eviction, arrears of rent and mesne profit, which has been upheld by the learned Additional District Judge No.1, Bandikui District Dausa (for brevity- ‘the learned appellate court’) vide its judgement and decree dated 19.10.2022 while dismissing civil regular appeal no.10/16, CIS Civil Regular Appeal No.45/2020, CNR No.RJDS060002882016.
2. The relevant facts in brief are that Smt. Kesar (hereinafter referred to as ‘the plaintiff’), the predecessor-in-interest of the respondents no.1/1 to 1/4 filed a suit for eviction, arrears of rent and mesne profit against Smt. Mooli (hereinafter referred to as ‘the defendant’), the predecessor-in-interest of appellant and the proforma respondents no.2/1 to 2/3 stating therein that she was owner of the subject property comp
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....
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 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 shifts to the defendant to establish the Thika tenancy and his status as a Bharatia under the Thika tenant.
The burden of proof in establishing the landlord-tenant relationship and the consequences of non-compliance with court orders were central to the judgment.
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.
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