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SUNITA YADAV
Shanti Devi Garg – Appellant
Versus
Gafooran Bai – Respondent
JUDGMENT
1. This second appeal under section 100 of Civil Procedure Code (for brevity, CPC) arises out of judgment and decree dated 01/03/2002 passed by 1st Additional District Judge, Shivpuri in Civil Appeal No. 45-A/2000 arising out of judgment and decree passed by 1st Civil Judge, Class-II, Shivpuri in Civil Suit No. 8A/1999.
2. The brief facts giving rise to filing of this appeal are that the appellant/plaintiff has filed a suit for eviction against the respondent/defendant on the ground of arrears of rent and for recovery of the rent under section 12(1)(a) of M.P. Accommodation Control Act. The plaintiff /appellant pleaded that she owns a Pator, which was purchased by her on 27/03/1985 by a registered sale deed and the same was rented to defendant @ Rs. 100/- per month by an oral tenancy. The respondent/defendant paid the rent for about one year, but from June, 1996 stopped payment of rent and also utilized the electricity and did not pay the electricity consumption charges, therefore, the electricity connection was disconnected. Thereafter, she used electricity by putting direct wire on the poles. In spite of demand, rent was not paid nor the possession of Pator was handed over
In a landlord-tenant dispute, the factum of ownership or title is not required to be proved as strictly as in a title suit. Admissions made by the defendant are crucial in determining the relationshi....
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
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....
Concurrent findings of fact regarding landlord-tenant relationship upheld; second appeal dismissed due to lack of substantial question of law.
The burden of proof lies with the party alleging the relationship of landlord and tenant, and in the absence of evidence to support the claim, the courts will uphold the findings of fact based on the....
Point of Law : There is concurrent finding of fact with regard to establishment of relationship of landlord and tenant between parties qua subject property, which is not shown to be suffering from an....
The landlord-tenant relationship is vital for eviction suits; title issues cannot be resolved without proper framing and processes in appellate proceedings.
The main legal point established in the judgment is that the Plaintiff must prove the relationship of landlord and tenant to be entitled to the reliefs sought in an eviction suit.
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