Jharkhand High Court
Junnu Rain & Ors vs Raj Kishore & Anr on 24 April, 2018
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No.15 of 2014
Junnu Rain & Ors. ...... Appellants
Versus
Raj Kishore & Anr. ...... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellants :Mr. Amar Kr. Sinha, Advocate For the Respondent No.1 & 2 :Mr. A. Kumar, Advocate
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05/Dated: 24/04/2018 Heard learned counsel for the appellants. It is a case of reversal. The dispute between the parties regarding relationship of landlord and tenant and the suit has been filed by the landlord for evicting the tenant from the suit premises on the ground of personal necessity and default in payment of rent.
The Trial Court has returned the finding in favour of plaintiff on two issues i.e. relationship of landlord and tenant and bonafide requirement of the landlord.
The above finding of the Trial Court has been reversed by the Appellate Court solely on the ground that the land lady has not entered into the witness box.
In view of the above submission, learned counsel for the appellants proposes following substantial questions of law and the same is being accepted by this Court.
"Whether on account of non examination of the plaintiff landlord in a suit for eviction filed under the Provisions of BBC Act adverse inference could have been drawn by the Lower Appellate Court reversing the judgment of the trial court on extraneous consideration?"
Admit.
Call for the Lower Court Records.
Appellant is directed to take steps for service of notice upon the sole respondents by ordinary post for which requisites etc. must be filed within two weeks.
( Rajesh Kumar, J.) Shahid/