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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Binay Kumar Dokania, son of Sri Raghunath Dokania – Appellant
Versus
Decorum Nirman Limited, represented through Mr. Shib Kumar Parsuramka, Son of late Shankarlal Parsuramka – Respondent
JUDGMENT :
(Anubha Rawat Choudhary, J.)
1. This appeal has been filed challenging the judgment and decree dated 18.12.2018 (decree signed on 03.01.2019) passed by the learned District Judge-I, Jamtara in Civil Appeal No. 26/2017 whereby the learned lower appellate court has been pleased to dismissed the appeal and has affirmed the judgment dated 14.06.2017 (decree signed on 30.06.2017) passed by the learned Civil Judge (Sr. Division) II, Jamtara in Title Eviction Suit No. 03/2012 whereby the learned trial court has decreed the plaintiff’s suit.
2. This appeal was admitted for final hearing vide order dated 31.03.2022 on the following substantial questions of law: -
1) Whether certified copy of the registered sale deed No. 428 of 2008 dated 17.7.2008 could have been exhibited on the date of the judgment as a public document?
2) Whether courts below could have concluded on the basis of the aforesaid sale deed that the plaintiff is the land lord of the defendant(s)?
3) Whether in view of the sale deed, the plaintiff can claim that he has become land lord of the property by virtue of aforesaid?
4) Whether in view of the fact that the sale deed which covers total area of 21.95 decimal of land,
A sale deed establishes the landlord-tenant relationship, and non-payment of rent justifies eviction under specified legal provisions.
The execution of an agreement of sale does not terminate the landlord-tenant relationship if rent continues to be paid, and evidence from a power of attorney holder is admissible if supported by docu....
The original sale deed must be produced to validate property claims; failure to do so leads to adverse inferences and dismissal of the suit.
Point of law: A question of law having a material bearing on the decision of the case (that is, a question, answer to which affects the rights of parties to the suit) will be a substantial question o....
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