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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Ratan Lal, S/o Shri Asha Ram – Appellant
Versus
Rajendra, S/o. Shri Hanuman Mal – Respondent
Order :
(NUPUR BHATI, J.)
(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 t
Ownership issues cannot be adjudicated in eviction suits; certified copies of public documents are admissible as evidence.
Ownership issues cannot be determined in eviction suits, and certified copies of public documents are admissible in 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.
A party not involved in eviction proceedings cannot challenge the decree, and the burden of proof lies on the objector to establish ownership and tenancy.
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....
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.
The court upheld the rejection of a writ petition challenging the dismissal of an application for additional evidence, emphasizing that such evidence cannot be introduced to fill gaps in a case.
The main legal point established in the judgment is the importance of considering material aspects and appreciating the findings of the trial court in property dispute cases.
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