Rajendra Chaturbhuj Bhatia vs Musheer Alam Jahangir
2021 Latest Caselaw 2616 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Civil Appellate Jurisdiction)
                      S. A. No. 195 of 2015
                                ......

Rajendra Chaturbhuj Bhatia ........... Appellant Versus Musheer Alam Jahangir ........ Respondent

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) .......

For the Appellant : Mr. Niraj Kishore, Advocate For the respondent : Mr. Mahavir Prasad Sinha, Advocate .......

07/29.07.2021 Heard, learned counsel for the appellant, Mr. Niraj Kishore and learned counsel for the respondent, Mr. Mahavir Prasad Sinha.

Learned counsel for the appellant has submitted that the second appeal has been admitted vide order dated 14.03.2018 on following substantial question of law:-

"Whether the lower appellate court on the basis of Annexure-1, the document is a notice of determination of tenancy under Section 111(a) of Transfer of Property Act, can be sustainable in view of the finding of fact given by Trial Court that the said document is notice under Section 106 Transfer of Property Act which is mandatory requirement is vitiated?"

Though I.A.No.3305/2015 was heard on that day and Coordinate Bench of this Court has passed order to maintain status quo till further orders and notice in I.A.No.3305/2015 has been served upon the respondent, as such, I.A. No. 3305/2015 may be allowed as appeal has been admitted and the matter has to be adjudicated under the heading "For Hearing".

Learned counsel for the respondent, Mr. Mahavir Prasad Sinha has submitted that the issue has no more res-integra in view of the judgment passed by the Apex Court in the case of Nopany Investments (P) Ltd. Vs. Santokh Singh reported in (2008) 2 SCC

728. Para-22 of the aforesaid judgment is re-produced hereunder:-

"In any view of the matter, it is well settled that filing of an eviction suit under the general law itself is a notice to quit on the tenant. Therefore, we have no hesitation to hold that no notice to quit was necessary under Section 106 of the Transfer of Property Act in order to enable the respondent to get a decree of eviction against the appellant."

The said judgment of Nopany Investments (P) Ltd. (Supra) has been relied by Apex Court recently in the case of Sevoke Properties Private Limited Vs. West Bengal State Electricity Distribution Company Limited reported in (2020) 11 SCC 782, as such, the status quo granted to the appellant may not be confirmed in view of the aforesaid judgment.

After hearing the learned counsel for the parties at length, this Court is of the opinion that once the appeal has been admitted, the execution of the decree under appeal is to be stayed till disposal of the appeal by this Court.

Accordingly, I.A. No.3305/2015 is allowed. However, it arises out of eviction suit for recovery of khas possession of lease hold land and appellant is the defendant, as such, office is directed list this appeal under heading "For Hearing" after the physical court starts.

However, parties are at liberty to make prayer for early hearing of the appeal after the physical court starts.

(Kailash Prasad Deo, J.) Sunil-Jay/-