SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1971 Supreme(All) 193

JAGMOHANLAL
Sharda Sharma – Appellant
Versus
Gulab Devi Dhwon – Respondent


Advocates:
D.S. Bajpai, for Appellant; R.K. Srivastava and Sri Biseshwar Nath, for Respondent.

JUDGMENT :- This is defendant's appeal which arises out of a suit for ejectment and arrears of rent filed against her by the plaintiff-respondent. The suit was decreed by the trial Court. An appeal filed against that decree by the defendant-appellant was dismissed by the Additional District Judge. The defendant has now approached this Court by filing this second appeal.

2. I heard the learned counsel for the parties. Sri D.S. Bajpai, learned counsel for the appellant, pressed four points in this appeal. Firstly, he contended that it had not been satisfactorily proved that the house in suit had been let out to the defendant-appellant by the plaintiff-respondent. On the other hand, it had been proved that the same had been let out to her by the plaintiff's husband Dr. H.M. Dhaon. This was purely a question of fact. Both the Courts below, on an appraisal of the evidence, have come to the conclusion that the house belonged to the plaintiff-respondent and it had been let out by her to the defendant-appellant. This finding of fact cannot be assailed in this second appeal. I may simply note that though it was admitted by the defendant that she used to receive receipts for payment of rent n








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top