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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA KUMAR RAI
J.B.Motors – Appellant
Versus
Hemlata Kapoor – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Mr. Shreyas Srivastava, learned counsel for the petitioner-defendant and Mrs. Rama Goel Bansal along with Ms. Shailini Goel, learned counsel appearing for the respondents-plaintiffs.
2. Brief facts of the case are that respondents-plaintiffs have instituted a Small Cause Suit No.3 of 2016 before the Judge, Small Cause Court, claiming themselves to be the landlord of the property in question. The respondents-plaintiffs are claiming their title through Mr. Harish Chandra Kapoor, the late husband of respondent no.1 and late father of respondent no.2. The property in question is part and parcel of a huge portion of land situated at 189, Civil Lines, District Bareilly. One S.C.C. Suit No. 4 of 2020 was instituted by one Mr. Darab Shah in the court of Judge, Small Cause Court, District Bareilly, impleading Sri Anoop Chaddha as the opposite party which was decided on the basis of compromise. In S.C.C. Suit No.3 of 2016, original petitioner-defendant (J.B. Motors) put in appearance and filed application under Order 11 Rule 16 of the CIVIL PROCEDURE CODE (for short “C.P.C.”), seeking production of document / title by original plaintiffs-respondents bef
The court emphasized that timely payment of rent is essential in eviction suits, and striking out a defense should be exercised with discretion, especially when landlord-tenant relationships are disp....
The Small Cause Court may decide incidental title issues in landlord-tenant disputes, but it is not obligated to refer cases to regular courts unless substantial evidence of title is presented.
The Small Cause Court can adjudicate incidental title issues in eviction proceedings, but such findings do not operate as res judicata in subsequent civil suits.
Eviction of tenant - Unauthorized occupation of tenant - Intention and admission in pleadings indicates the creation of relationship of landlord and tenant and that the amount paid by the revisionist....
Point of law: Eviction of tenant – Relief of arrears of rent - Court in exercise of powers under Section 25 of the Provincial Small Cause Court Act can interfere on limited grounds
Compliance with mandatory deposit requirements under Section 17 of the Provincial Small Causes Courts Act is essential for challenging an ex parte judgment, and procedural missteps do not invalidate ....
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