Back
SUJOY PAUL
Sawanraj Yadav – Appellant
Versus
R. Gajanand Yadav – Respondent
ORDER :
Sujoy Paul, J.
1. With consent finally heard, Sri Umesh Singh, learned counsel for the petitioners and Sri Aadesh Varma, learned counsel for the respondent.
2. This petition filed under Article 227 of the Constitution assails the order dated 15.02.2024 in I.A. No.556 of 2023 in O.S. No.2374 of 2023 on the file of XX Junior Civil Judge, City Civil Court, Hyderabad, whereby, the application filed under Order XV-A Rule 1 read with Section 151 of CPC filed by the plaintiff/landlord/respondent herein was allowed by the Court below.
3. Learned counsel for the petitioners herein i.e., defendant/tenants submits that the said order is bad in law. During the course of hearing, he fairly submitted that no doubt the plaintiff's mother was the landlord of the suit schedule property. However, she sold the said property to the father of defendants through an unregistered document in the year 2002. Thereafter, no rent was paid by the defendants or their father. The father of defendants died in the year 2021. There is no jural relationship between the plaintiff and the defendants. There is no rent receipt which shows that the defendants have ever paid rent to the plaintiff. By placing reliance
The existence of a pending suit for specific performance by defendants serves as prima facie evidence of the landlord-tenant relationship, affirming the necessity of rent payment despite claims of ow....
Ownership issues cannot be determined in eviction suits, and certified copies of public documents are admissible in evidence.
Ownership issues cannot be adjudicated in eviction suits; certified copies of public documents are admissible as evidence.
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 registered Addendum Lease Deed prevails over the unregistered MoU, and the trial Court's order on rent determination is upheld based on tenant admissions.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
