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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
| Table of Content |
|---|
| 1. appellant challenges lower court's decision. (Para 1 , 2) |
| 2. appellant argues inadmissibility of evidence. (Para 3 , 4) |
| 3. lack of further evidence apart from exhibit-6. (Para 5 , 6) |
| 4. appellant disputes landlord-tenant status. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 5. plaintiff's claim for eviction and arrears. (Para 14 , 15) |
| 6. courts record findings of landlord-tenant relationship. (Para 18 , 20 , 21) |
| 7. examination of additional documentary evidence. (Para 22 , 23 , 24 , 25) |
| 8. court addresses substantial questions regarding the sale deed. (Para 33 , 34) |
| 9. transfer of property rights under section 109. (Para 39 , 40) |
| 10. conclusion upheld; appeal dismissed. (Para 43 , 44) |
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 co
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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