Indian Kanoon - Search engine for Indian Law

16. Per contra, the Ld. Counsel for the respondent argued that the respondent has duly established her ownership and status as a landlord and the appellant's status as a tenant. It has been clearly proved before the Ld. RC that Late Peer Shiv Nath, the original owner of the tenanted premises had executed a registered Will dated 12.12.2003 (Ex.PW1/5) in favour of Peer Rattan Nath. Peer Rattan Nath executed a GPA dated 27.08.2018 (Ex.PW1/6) in favour of Peer Ranveer Nath and subsequently, Peer Ranveer Nath executed a registered Sale Deed (Ex.PW1/4) in favour of the respondent for valid consideration. Since the chain of title stands duly proved in the proceedings before the Ld. RC, the appellant had no locus to dispute the same. The appellant cannot dispute the title of the landlord as he is estopped under Section 116 of the Indian Evidence Act. The landlord is only required to prove her better title and the registered Sale Deed in the present case is sufficient to maintain an eviction petition and the appellant's grounds of challenge are untenable. Reliance was placed on the judgment of the Hon'ble Supreme Court in Smt. Shanti Sharma & Ors. v. Ved Prabha & Ors. MANU/SC/0816/1987. Reliance was also placed on Bismillah Be (Dead) by LRs v. Majeed Shah MANU/SC/1557/2016 where in it was held that once the assignee/vendee proves his title to the demised property, the original tenancy devolves on the assignee/vendee and tenant/lessee by operation of law on the same terms and conditions on which it was entered into with the original landlord/lessor and continues till either modified by the parties or is determined by the landlord in accordance with law. It enables the assignee/vendee to acquire the status of a "new landlord" in place of the original landlord of the demised premises qua tenant/lessee.