Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
MRS. JUSTICE ANUBHA RAWAT CHOUDHARY, J
Rajesh Kumar Jain – Appellant
Versus
Kanta Jain, W/o Sri Manik Chand Jain – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
Heard the learned counsels appearing on behalf of the parties.
2. This second appeal has been filed against the judgment and decree dated 10.05.2018 (Decree sealed and signed on 25.05.2018) passed by learned Principal District Judge, East Singhbhum, Jamshedpur in Civil Appeal No. 5 of 2014 whereby the judgment and decree dated 10.04.2014 (Decree sealed and signed on 25.04.2014) passed by learned Civil Judge (Junior Division)-I in Eviction Suit No. 9 of 2010 has been affirmed.
3. This second appeal has been admitted for final hearing vide order dated 01.02.2019 and following substantial question of has been framed:
"Whether the impugned judgment and decree passed by the learned Court below stands vitiated for not taking into account the pleadings of the parties which clearly established that during the subsistence of the tenancy, the plaintiff/ landlord had executed an Agreement to Sale dated 22.02.2006 in favour of tenant/ defendant and as such, since then the relationship of landlord and tenant ceased. Hence, the suit for eviction of tenant, itself is not maintainable?"
4. Later on, another substantial question of law was framed vide order dated 09t
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 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 sale deed establishes the landlord-tenant relationship, and non-payment of rent justifies eviction under specified legal provisions.
The existence of a landlord-tenant relationship is essential for eviction under the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2011, and powers of attorney holders can file eviction sui....
Transferee landlord can evict for personal necessity without attornment; unproven tenant-prior agreement to sell does not end tenancy; revisional court examines only legality, not reappreciates facts....
A landlord under the East Punjab Urban Rent Restrictions Act can seek eviction for non-payment of rent and bonafide necessity, regardless of ownership status, as long as the landlord-tenant relations....
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
