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SARAL SRIVASTAVA
Ajay Kumar Gupta – Appellant
Versus
Mohan Chand Tiwari – Respondent
JUDGMENT :
Saral Srivastava, J.
1. Heard Sri Pankaj Agarwal, learned counsel for the revisionist/ tenant, Sri C.K. Parekh, learned Senior Counsel assisted by Sri H.K. Srivastava, learned counsel for the respondents/landlord.
2. The revisionist-tenant has assailed the judgment and order dated 30.3.2016 passed by the Additional District Judge, Court No. 15, Ghaziabad in S.C.C. Suit No. 34 of 2012 (Mohan Chand Tiwari Vs. Ajay Kumar Gupta), whereby the Trial Court has decreed the suit of the respondents/ landlord for eviction of the revisionist/tenant.
3. The facts, in brief, are that the respondents/landlord instituted S.C.C. Suit No. 34 of 2012 for eviction of the revisionist/tenant. The suit has been instituted on the ground that the respondent/landlord is the owner of House No. 194/10 situated at Model Town, Ghaziabad. The house described above was purchased by Smt. Raj Kumari from one Suresh Chandra Sharma by a registered sale deed dated 22.7.1996. After the death of Smt. Raj Kumari, the respondent/landlord became the owner of the aforesaid house. The respondents/landlord rented out three rooms on the first floor (hereinafter referred to as 'suit property') of house No. 194/10 at the
An unregistered agreement to sell does not terminate the landlord-tenant relationship unless explicitly stated, and cannot be used to influence substantive rights under the Indian Registration Act.
An agreement to sell does not convert a tenant's possession into vendor-vendee relationship without express surrender, thus no additional stamp duty is required under the A.P. Stamp Act.
It is settled law that, if no document evidencing fact of tenancy is given and if it is an oral tenancy, same has to be considered on merits.
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....
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