Dr. Ashok @ Ashok Kumar vs Nandi Devi And Others
2025 Latest Caselaw 6246 Jhar

Jharkhand High Court

Dr. Ashok @ Ashok Kumar vs Nandi Devi And Others on 6 October, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                            Second Appeal No. 238 of 2023

            Dr. Ashok @ Ashok Kumar            ...    ...     Appellant
                                  Versus
            Nandi Devi and others       ...            ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant : Mr. Rohitashya Roy, Advocate For the Respondents : Mr. Abhishek Kumar Dubey, Advocate

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07/06.10.2025 The learned counsel for the parties are present.

2. This appeal has been admitted vide order dated 21.07.2025 on

the following substantial questions of law: -

"Whether the evidence of the defendant could have been taken into consideration to determine the relationship of landlord and tenant, despite the defense of the defendant having been struck off at a later stage?

Whether, even if the evidence of the defendant is to be excluded from consideration, the judgment of the learned Court below can still be sustained solely on the basis of the plaintiff's evidence?

3. The learned counsel for the parties has jointly submitted that

the eviction suit was filed on account of default and subletting being

Eviction Suit No. 16 of 2011. Both the parties led evidence and when

the matter was at the stage of arguments, an order dated 03.01.2020

was passed under Section 15 of the Bihar Building (Lease, Rent and

Eviction) Control Act regarding payment of rent. However, the

defendant defaulted in payment of rent and consequently the defense

was struck off vide order dated 11.02.2020. The 1st substantial

question of law is required to be considered in the light of the

aforesaid facts as to whether the defense having been struck off after

adducing evidence the entire evidence of the defendant is required to

be ignored.

4. Hearing of this case has commenced.

5. Post this case day after tomorrow i.e. 08.10.2025 to be taken up

at 10:30 A.M.

(Anubha Rawat Choudhary, J.) Binit