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GAUTAM KUMAR CHOUDHARY
Tata Iron and Steel Company Ltd. (now Tata Steel Ltd. ) – Appellant
Versus
Punj and Sons (Private) Limited – Respondent
JUDGMENT :
Gautam Kumar Choudhary, J.
1. Appellant is plaintiff and this appeal has been preferred against the judgment of reversal passed in Title Appeal No. 12 of 2007.
CASE OF THE PLAINTIFF
2. Plaintiff company filed the suit for a decree for khas possession of land measuring 3.544 acre described in Schedule A of the plaint.
3. Plaintiff company is the proprietor and owner of the land in dispute and defendant respondent is a monthly tenant on a rental of Rs.318.96 per month under the plaintiff/appellant company. As agreed between the parties, the tenancy was extended up to 31.12.1969.
4. The suit land vested in the State of Bihar Act-5 of 1972. However, by deed of lease dated 01.08.1985 State of Bihar leased out the lands including the suit land to the plaintiff/appellant.
5. Notice was sent to the defendant/respondent to vacate the land by 31.12.1970 as the land in suit was required by the company and because also the defendant/respondent had also defaulted in paying the rent to the tune of Rs.5103.36.
CASE OF THE DEFENDANT
6. It is admitted that defendant was inducted on lease in respect of the suit land commencing from 18.12.1958 on year to year basis. It is however denied that extens
The tenant cannot question the title of the lessor during tenancy, and the lessor retains rights despite changes in property status under the Bihar Land Reforms Act.
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Owner's right to evict licensees prevails over licensee claims to occupancy, especially when the owner's license revocation is communicated, necessitating evidence of ownership clarity.
In eviction suits, admitted landlord-tenant relationship estops tenant from denying title; landlord needs only prove relationship and grounds, not ownership. Open land leases not protected by rent co....
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Title in immovable property cannot vest through mere admission or affidavit without statutory backing, and unlawful actions amount to trespass.
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