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SAURABH LAVANIA
Dildar Gani – Appellant
Versus
Asha Gupta – Respondent
| Table of Content |
|---|
| 1. case about tenancy and property ownership. (Para 2 , 3 , 4 , 5) |
| 2. admission of tenancy and its implications. (Para 8 , 10 , 21) |
| 3. litigation history and consecutive judgments. (Para 25 , 28 , 32) |
| 4. criteria for establishing 'landlord-tenant' relationship. (Para 33 , 35 , 39) |
| 5. judicial principles on property identity. (Para 50 , 51 , 62) |
| 6. dismissing the appeal. (Para 63 , 64) |
JUDGMENT
Saurabh Lavania, J.
Heard Mohammad Arif Khan, learned Senior Advocate assisted by Mohammad Aslam Khan, learned counsel appearing on behalf of the defendants-appellants and Sri Girish Chandra Sinha, learned counsel appearing on behalf of the plaintiffs-respondents.
2. By means of the present appeal preferred by the defendants-appellants under section 100 of CIVIL PROCEDURE CODE (hereinafter referred to as "CPC"), the appellants have challenged the judgment and decree dated 31.10.2022, passed by the District Judge, Sultanpur in Civil Appeal No. 06 of 2018 [Dildar Gani And Another v. Ratan Kumar (now deceased) through LRs and others] as also the judgment and decree dated 16.12.2017, passed by the Civil Judge (Junior Division), Musafirkhana, Sultanpur in Regular Suit No. 435 of 1986 (Gaya
In property disputes, admissions by the defendant regarding ownership can significantly influence the outcome, and the absence of documentary evidence does not necessarily bar a decree for eviction i....
Suit of the plaintiff for bare injunction is not maintainable and the First Appellate Court could not have decreed the suit of the plaintiff, when the defendants apart from denying the title and poss....
The court upheld the admissibility of historical tenancy documents under Section 90 of the Evidence Act, confirming the plaintiffs' rights over the land despite challenges regarding document validity....
The main legal point established in the judgment is that a tenant's request for clarification about the derivative title of the landlord, without renouncing the status as a tenant, may not be treated....
The court emphasized the importance of substantial questions of law in appeals under Section 100 of CPC and upheld the lower courts' decisions based on the evidence and material available on the reco....
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