IN THE HIGH COURT OF JHARKHAND AT RANCHI

S.A. No. 51 of 2019

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Birbal Singh.

…. Appellant(s)

Versus.

Bidyawati Mishra @ Bidya Pati Devi

…. Respondent(s)

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CORAM

:

HON'BLE MR. JUSTICE ANANDA SEN.

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For the appellant(s)

: M/s. Atanu Baherjee and Piyushita M. Tudu, Advocate.

For the respondents

:

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06 /31.3.2022:

This appeal has been filed under Section 100 of the Code of Civil

Procedure challenging the judgment of affirmation dated 4.10.2008 and the

decree dated 12.10.2018 passed in Civil Appeal No. 29/2017 by the learned

Principal District Judge, Bokaro and the judgment dated 27.4.2017 and the

decree signed on 11.5.2017 passed in Title (Eviction) Suit No. 02/2011 by the

learned Civil Judge (Junior Division), Bermo at Tenughat, whereby the suit filed

by the plaintiff has been dismissed.

2.

Counsel for the appellant-plaintiff submits that both the courts below

have erred in disbelieving the tenancy agreement which was executed in the

year 1969 only on the ground that the same is an unregistered document. He

further submits that the house was let out @ Rs.80/- per month in the year 1969

and the fact that Somar Singh is the