learned Munsif- Ist, Darbhanga upon finding that there exists
relationship of landlord and tenant between the plaintiff and
defendants and that the plaintiff has been ... compromise, defendant no.
1 and his father acknowledged and admitted the relationship of
landlord and tenant between the parties and it was categorically
admitted that
there was no
relationship of landlord and tenant between the plaintiffs and
defendant. The landlord and tenant relationship between the Deepak
Mitra ceased from ... aforesaid judgment that once accepting the change of relationship, the
earlier relationship of landlord and tenant ceased.
45. The said judgement is clearly distinguishable when
framed for consideration:
(i)Whether in a summary proceeding where the relationship
of landlord and tenant is not admitted, the
defendant/appellant/appellant ... record a finding of landlord-tenant relationship even
when the defendant disputed the relationship of landlord and tenant.
48. This Court finds that the learned
arriving at the finding of fact that there exists the
relationship of landlord and tenant between the plaintiff and
the defendant by misreading the evidence ... landlord but Nirmala Devi was the landlord and
in view of the finding that the plaintiff was the landlord with respect
to the suit property
tenant relationship, which is
the basis of any eviction suit, is missing. The plaintiff has the
onus/burden to establish the relationship of landlord ... relationship of landlord and tenant between plaintiffs
and defendants. It is well settled law that existence of landlord-
tenant relationship is sine
JHHC:16282
the landlord with the tenant and landlord having received substantial
portion of sale consideration, the relationship of landlord-tenant inter
se between them ... aforesaid judgment that once accepting the change of relationship, the
relationship of landlord and tenant ceases. In the present case, in spite
of entering into
landlord and the defendants,
the defendants continued to remit the rent to the original landlord
which amounted to an acknowledgement of the landlord-tenant
relationship ... landlord and the
defendants, the defendants continued to remit the rent to the original
landlord which amounted to an acknowledgement of the landlord
tenant relationship
summed up in brief as follow:
a. Denial of Landlord-Tenant Relationship: Defendant No. 2
vehemently denies the existence of any landlord-tenant
relationship with ... basis of
landlord tenant relationship, the legal benchmark is as follows:
a. there must be a jural relationship as landlord and tenant.
b. tenancy
illegally and unlawfully occupied the
tenanted premises and there is no landlord tenant relationship between
the parties and after the reply was filed there ... petitioner in the previous eviction petition of absence
of relationship of landlord and tenant between the parties bars the
jurisdiction of this Court. Further
aggrieved, the appellant-landlord filed the
present appeal.
4. As the present dispute revolves around the existence of the
landlord-tenant relationship between the parties ... relationship of landlord-
tenant does not exist between the parties because the appellant-
landlord wasn’t able to prove his lineage and relationship with
