Mahadev Kar vs Dr. Ranjeet Prasad
2023 Latest Caselaw 3698 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      S.A. No. 72 of 2018
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Mahadev Kar .... .... .... Appellant/plaintiff Versus Dr. Ranjeet Prasad .... .... .... Respondent/Defendant

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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Appellant/plaintiff : Mr. Shankar Lal Agarwal, Advocate For the Respondent/Defendant:

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Order No. 09 Dated- 04.10.2023 The present second appeal has been filed by the appellant/plaintiff against reversal of judgment and decree passed by the learned trial court in Civil Appeal No. 09 of 2017 by the learned Principal District Judge, West Singhbhum at Chaibasa.

This appeal shall be heard on the following substantial question of law:-

1. Whether in the facts and circumstances of this case learned Principal District Judge was justified in reversing the findings of the Trial Court?

2. Whether the learned District Judge failed to consider the plaint and tenancy agreement (Ext. 1) wherein, it was clearly mentioned in the plaint for eviction of one room, one Hall and one room constructed un-authorizedly by the defendant?

3. Whether even a document is not registered in that event the tenancy cannot be held to the month to month and from the pleadings, evidence and documentary evidence, it is specified that tenant has defaulted in payment of rent the learned appellant court should have dismissed the appeal?

4. Whether the learned appellate court had committed error regarding personal necessity the examination of the owner is sine qua non?

Hence, this appeal is admitted.

Call for lower court records.

Let notice be issued to respondents under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within two weeks.

(Pradeep Kumar Srivastava, J.) Umesh/-