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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Amulya Singh S/o Late Raghubesh Kumar Singh – Appellant
Versus
Marwari Relief Society – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This appeal has been filed against the judgment and decree dated 23.12.2024 (decree signed on 02.01.2025) passed in Civil Appeal No. 143 of 2020 passed by learned Additional Judicial Commissioner-II, Ranchi, whereby the learned 1st appellate court has upheld the judgment dated 13.03.2020 (decree sealed and singed on 21.03.2020) passed in Eviction Title Suit No. 05 of 1991 now Original Suit No. 2343 of 2019 passed by learned Civil Judge, Junior Division-I, Ranchi whereby the Title Suit seeking eviction was allowed with charges of Rs. 22,464 as well as present, future pendente-lite charges on account of maintenance charges or electricity charges.
2. The arguments of the learned counsel for the appellant on framing the substantial question of law for admission of this appeal has recorded in order dated 15.01.2026.
3. The learned counsel for the appellant has submitted that though there are concurrent findings recorded by both the courts, still the appeal is fit to be admitted for final hearing on the proposed substantial question of law mentioned in paragraph (c) and (d) which is quoted as under:-
(c) Whether the Judgment of the Trial Court as also
The power of attorney's lack of formal exhibition does not invalidate a suit initiated by its holder if inferential authority is established, and the tenant's non-payment of charges warrants eviction....
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....
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....
Court upheld landlord's right to enforce lease terms due to tenant's chronic payment defaults and valid notice of termination, emphasizing binding lease obligations and authority of plaintiff's repre....
The competence of a power of attorney holder to depose in a suit and the absence of any substantial question of law in the case.
A valid landlord-tenant relationship must be established for eviction, and bona fide personal necessity can justify eviction under the Jharkhand Building Act.
The court upheld the eviction based on the defendant's default in rent and the plaintiff's bona fide need for the premises under the Jharkhand Building (Lease, Rent & Eviction) Control Act.
The burden of proof lies on the plaintiff to establish the license to evict a licensee, and the defendant must prove genuine tenancy through admissible evidence. Courts can reject suspicious document....
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