Smt. Kanchan Singh vs State Of Chhattisgarh 24 Wpc/2851/2018 ... on 10 October, 2018
27. With respect to ownership of petitioners to the suit property
and landlord-tenant relationship between the parties, there are no
reservations in saying that both the aforesaid factors are duly
admitted at part of the respondent and there is no dispute
regarding the same. At the same time, the sequence adopted by
the respondent to present his version with respect to these factors
is also relevant to be discussed. In his application seeking leave
to defend, respondent had denied the ownership of petitioners to
the suit property as well as the landlord-tenant relationship
between them. It is further relevant to state that, vide order dated
05.08.2020, the application seeking leave to defend filed on
behalf of respondent had been allowed nevertheless, it was held
that there is no triable issue in the present matter with respect to
ownership of petitioners to the suit property and landlord-tenant
relationship between the parties. The said finding was never
challenged by the respondent. Thereafter, the respondent again
RC ARC 15/18
KANCHAN KUMAR AND ANOTHER Vs. ROSHAN LAL Page No. 17 of 32
Digitally signed by
Tarunpreet Tarunpreet kaur
kaur Date: 2026.04.29
16:31:35 +0530
denied these factors, albeit in a very evasive manner, in his
written statement and eventually, legal heir of respondent, though
his testimony as RW-1 duly admitted the factors under discussion
in his cross examination.