Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE NUPUR BHATI, J
Nand Lal – Appellant
Versus
Rajendra – Respondent
Order
(S.B. Civil Writ Petition No. 15591/2022)
1. The instant writ petition has been filed under Article 227 of the Constitution of India against the order dated 19.04.2022 passed by learned Senior Civil Judge, Sujangarh, District Churu by which the learned Judge has dismissed the application filed by the petitioner under Order 11 Rule 12 & 14 read with Section 151 of CPC.
2. Brief facts of the case are that the respondent filed a suit against the defendant-petitioner for eviction from the suit shop and recovery of rent and damages. It was inter alia stated in the plaint that the petitioner took the suit shop on rent on monthly rent of Rs. 1000/-. The defendant-petitioner initially paid rent up to 31.12.2013 and remaining rent has not been paid despite demand. The respondent, then, served a 15 days' notice dated 24.04.2015 for termination of the tenancy. The said notice was served but despite this petitioner-defendant has not vacated the suit shop nor handed over possession of the same to the plaintiff-respondent.
3. The petitioner-defendant submitted a written statement to the plaint and denied the averments as made in the plaint. The petitioner-defendants stated that no shop of the
Ownership issues cannot be determined in eviction suits, and certified copies of public documents are admissible in evidence.
Ownership issues cannot be adjudicated in eviction suits; certified copies of public documents are admissible as evidence.
Tenants cannot challenge the landlord's title in eviction proceedings; only the landlord-tenant relationship is relevant under the Chhattisgarh Rent Control Act, 2011.
The existence of a landlord-tenant relationship is essential for eviction under the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011, and powers of attorney holders can file eviction sui....
A tenant denying a landlord's ownership must vacate the property and pursue separate legal action to establish title, reinforcing the court's ruling that the ejectment suit was valid.
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
The onus of proof in property disputes lies with the party claiming entitlement, and issues framed by the Trial Court must not be used to deny a party's claim under Order XV-A of the CPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
