RITA LAL Vs. RAJ KUMAR SINGH
SUPREME COURT OF INDIA
RAJ KUMAR SINGH
Referred Judgements :-
CHARAN DASS DUGGAL V. BRAHMA NAND
BIJOY KUMAR SINGH V. THE STATE OF BIHAR
VASHU DEO VS. BALKISHAN
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(2.)The appellant, a widow and having undergone a kidney transplant, initiated an eviction petition under S. 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter "the Act", for short). According to the appellant, the respondent an employee of the appellant, was inducted into possession of the premises under an agreement of lease dated 10th February, 1997. The grounds on which eviction is sought for are more than one and include the genuine requirement of the premises for landlord's self occupation and the respondent being a defaulter in payment of rent.
(3.)The respondent-tenant sought for leave to defend under sub-section (4) of S. 14 of the Act denying the landlord-tenant relationship and submitting that the suit property was owned by one R.N. Chakraborty, whose title on his death had devolved upon his son, Dr. Rajat Chakraborty and from the latter the respondent had purchased the property under registered deed of sale dated 24th February, 1998. It was submitted that as there was no landlord-tenant relationship between the parties, the respondent was not liable to pay rent and certainly not liable to be evicted. In the submission of the respondent, the pleadings raised a triable issue and, therefore, leave to defend ought to have been granted.
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