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GAUTAM KUMAR CHOUDHARY
Sami Ahmad – Appellant
Versus
Dhirendra Kumar Jain – Respondent
ORDER :
Gautam Kumar Choudhary, J.
1. Plaintiff filed the suit for eviction on the ground of default under Section 11 (i) (d) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 with respect to the suit property fully detailed in Schedule-A of the plaint.
2. The brief facts leading to the present appeal is that appellant(s) is the defendant(s) and the appeal has been preferred against the judgment of affirmance passed in Eviction Title Appeal No. 3 of 2009 arising out of the Eviction Suit No. 30 of 1990.
3. The case of the plaintiff is that he purchased the suit premises shop room No. 15 along with other various shop rooms from one Prabhat Kumar Mukherjee through a registered deed of absolute sale. The suit premises was in occupation of defendants who are running a cloth shop under the caption of “Bajaj Vastralaya”, but the rent receipts were being issued to Md Quashim (D2) in the name of Washi Ahmad against the payment of rent.
4. After purchase, the plaintiff informed the defendant who atorned the plaintiff and started paying rent to him without any objection. Defendant No. 2 continued to pay rent to him up to the month of February,1985 at the rate of Rs. 40/-.
5. Md. Was
The court upheld the eviction based on established landlord-tenant relationships and defendants' defaults in rent payments, emphasizing timely objections to evidence admissibility.
The case established the importance of evidence in establishing the relationship of landlord and tenant, and the liability for non-payment of rent under the Bihar Building (Lease, Rent & Eviction) Co....
A tenant cannot challenge the ownership of the landlord while concurrently asserting adverse possession; such defenses are mutually exclusive under established legal principles.
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.
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....
The main legal point established in the judgment is the importance of presenting consistent and corroborated evidence to support claims in eviction cases, and the rejection of contradictory claims su....
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