- (1.) This appeal has been preferred by the defendant/appellant against the judgment dated 12th May, 1994 and decree dated 30th May, 1994 passed and signed by learned 3rd Additional District Judge, Hazaribagh in connection with Eviction Title Appeal No.5 of 1985, whereby judgment dated 21st December, 1984 and decree dated 10th January, 1985 passed and signed by learned Munsif, Hazaribagh in connection with Title Suit No.108 of 1981 by which the defendant has been directed to vacate the suit premises within two months from the date of decree, failing compliance the plaintiff shall be entitled to get the suit premises vacated through process of the Court and a decree for a sum of Rs.360/- as arrears of rent and the plaintiff is also entitled to future rent till the date of delivery of possession, have been upheld.
(2.) The appeal was admitted on 22nd November, 1994 to decide the following substantial questions of law:- (a) Whether immovable property can be given orally in Den Mohar and whether such transfer can have any legal effect creating any title on the transferee? (b) Whether such transfer of dispossession of immovable properties has to be made by a registered deed? (c) Whether widow's possession of her husband's property in lieu of dowr debt makes her absolute owner of the property adversely to the title of other heirs and/ or whether such possession of the widow shall be treated as a possession of all the heirs? (d) Whether the decree of eviction can be passed where relationship of landlord and tenant is not established and whether payment of rent at any point of time is not established?.
(3.) Jamila Khatoon was the original plaintiff, who brought the suit against defendant/appellant for evicting him from the suit premises on the ground of personal necessity and also on the ground that the defendant had become defaulter in making payment of rent.;