Back
PRADEEP KUMAR SRIVASTAVA
Md. Abdul Wahab, Son of Late Md. Murshid Ali – Appellant
Versus
Ashok Kumar Singh, Son of Late Birendra Bahadur Singh – Respondent
JUDGMENT :
Pradeep Kumar Srivastava, J.
1. The present appeal has been preferred, being aggrieved and dissatisfied with the judgment dated 25.04.2017 and decree signed and sealed on 09.05.2017 passed by learned Principal District Judge, Bokaro in Title Appeal No. 11/2006, whereby and whereunder the learned Principal District Judge has dismissed the said appeal, which was preferred against the judgment dated 24.03.2006 and decree dated 15.04.2006 passed by the learned Munsif, Bokaro in Title (Eviction) Suit No. 09/2002, which was decreed by the learned trial court.
2. The factual matrix of the case giving rise to this appeal in a narrow compass is that the suit Schedule-A property consisting of shop was let out by the original plaintiff-Birendra Bahadur Singh on 01.03.2001 to the defendant for a period of three years according to English Calendar month and the tenancy started from 1st day of March, 2001 at the monthly rent of Rs. 500/- per month excluding electricity and other miscellaneous charges. The lease agreement was executed on 07.04.2001, but it was not registered one and came w.e.f. 01.03.2001. As per terms of the lease agreement, the defendant / tenant will be liable to be ev
[The court established that a tenant's failure to pay rent for more than two consecutive months constitutes grounds for eviction under the Bihar Building (Lease, Rent and Eviction) Control Act, and t....
A landlord is the sole arbiter of their bona fide requirement for property use. A tenant cannot dictate the landlord's property utilization, and failure to pay stipulated rent, coupled with the expir....
The main legal point established in the judgment is that the suit for eviction was within the limitation period of 12 years from the date of determination of tenancy, as prescribed under Article 67 o....
Point of law: “Any aggrieved party” the expression employed in Section 20(1), means a person feeling aggrieved by the ultimate decision, that is, the operative part of the order. A party to the proce....
An unregistered lease deed cannot establish tenancy or enforce property rights, as it violates mandatory registration laws.
The main legal point established in the judgment is the application of Section 106 of the Transfer of Property Act, 1882, to establish the existence of the oral tenancy and the bonafide requirement o....
The burden of proof lies on the plaintiff to establish the license to evict a licensee, and the defendant must prove genuine tenancy through admissible evidence. Courts can reject suspicious document....
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
