Search Results Page

Search Results

1 - 7 of 7 (0.49 seconds)
Maharam Ali vs Dinanath Prasad Sha on 21 December, 1972 cites

Ferozi Lal Jain vs Man Mal And Anr. on 11 March, 1970

Apart from such cases, the Court must of necessity come to its findings on the grounds for recovery of possession on the evidence adduced before passing a decree or order for possession. Such grounds, though affording a special protection to tenants not otherwise available in general law, are not merely the special defence of a tenant, the withdrawal of which by striking out his defence, will automatically entitle the landlord to a decree. Section 13 (1) will not give jurisdiction to Court to pass the decree, even though the tenant's defence against ejectment be struck out, unless the grounds within its various clauses are proved to its satisfaction. The landlord therefore on the authority of the above case has to establish by evidence all or any of the grounds for ejectment, apart from the evidence that might have been produced by him at the hearing of his application under Section 17 (3). Such evidence again would be subject to cross-examination by the tenant for demolishing the landlord's case relating the grounds of Section 13 (1) as also on notice though the defendant will not be permitted to adduce evidence in support of his own case after striking out his defence against recovery of possession.
Supreme Court of India Cites 6 - Cited by 91 - K S Hegde - Full Document
1