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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Mohan Lal through his LRs. – Appellant
Versus
Gurcharan Singh – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
1. This is defendant’s appeal against the judgment and decree dated 11.08.2023 passed by the Court of Additional District Judge, Jalandhar, whereby while allowing the appeal against the judgment and decree dated 26.02.2019 passed by the Court of Civil Judge (Junior Division), Phillaur, the suit of the plaintiff was partly decreed.
2. For the sake of convenience and clarity, parties shall be referred to as per their original status.
3. The plaintiff filed a suit for eviction of the defendant from the house (fully described in the plaint) situated in village Atta, Tehsil Phillaur, District Jalandhar (hereinafter referred to as `the suit property’). Recovery of arrears of rent of Rs.1,06,500/- for the period July, 2011 to May, 2017 along with interest @ 12% p.a. was also sought. A decree for permanent injunction restraining the defendant, his attorney, agent or any associate etc., from changing the nature or making any alteration to the suit property, was also sought.
3.1 It was claimed that the plaintiff, who was residing abroad, was the exclusive owner of the suit property. It was asserted that in May, 2006, the plaintiff had inducted the defendant as a ten
The establishment of the landlord-tenant relationship requires evidence of tenancy particulars, and the court must consider the entitlement of the defendant to the suit premises.
A tenant cannot contest landlord rights while occupying property, and eviction actions can proceed without the property owner as a party.
Ownership rights in ancestral property, failure to establish landlord-tenant relationship justified eviction.
A plaintiff must establish a jural relationship of landlord-tenant to claim possession; failure to prove tenancy and title leads to dismissal of eviction suits.
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