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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
IN THE HIGH COURT OF JHARKHAND AT RANCHI
JUDGMENT
Heard Mr. K. K. Ambastha, learned counsel for the appellants and Mr.
Ajay Kumar Sah, learned counsel for the respondents.
2. This second appeal has been filed being aggrieved and dissatisfied with judgment and decree dated 25.03.2004 (decree signed on 08.04.2004) passed by learned 5th Additional District Judge, Bermo at Tenughat in T.A. No. 43 of 2003 whereby the appeal was allowed and the judgment and decree dated 12.08.2003/18.08.2003 passed by the learned Munsif, Bermo at Tenughat in Title Eviction Suit No. 01/1997 was dismissed.
3. Mr. K. K. Ambastha, learned counsel for the appellants submits that Title Eviction Suit No. 01/1997 was instituted by the respondents for eviction from the house in question and after elaborating the discussions the learned trial court has come to the conclusion that there is no relationship of landlord and tenant between the parties and that is why suit of eviction was dismissed and aggrieved with the said judgment dated 12.08.2003, the same was challenged by the plaintiffs/respondents in Title Appeal No. 43 of 2003 and the learned appellate court has affirmed the finding of the trial court with regar
The landlord-tenant relationship is vital for eviction suits; title issues cannot be resolved without proper framing and processes in appellate proceedings.
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....
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.
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....
A licensee, unlike a tenant, does not deserve any notice. Mere filing of the suit is sufficient to hold that the license has been revoked.
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....
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
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