petitioner had relied upon an oral tenancy,
which was purportedly created, in respect of the mortgaged assets by the
borrowers concerned. He also proceeded ... succor the creation of an oral
tenancy in his favour, thus by the borrowers concerned, through his tendering
8 of 17
::: Downloaded
rightful possession with the second contemner
setting up a plea of oral tenancy created on 6.10.2003 in his favour, whereas in the
fact finding report ... been able to discharge its own
burden of proving the said oral tenancy whereas the decree
holder has been able to discharge its burden
deceased Krishan
Lal Sahni and the said tenancy was an oral tenancy. It is submitted that the
said important aspect has not been considered ... plea taken by the petitioners to the
effect that there was oral tenancy in December 1981 is not even remotely
proved. It is submitted that
finding report from
the civil court as to whether "any oral tenancy in respect
of the remaining half portion of the ground floor ... floor, in respect
of which respondent No.2 is now claiming oral tenancy,
was earlier admittedly occupied by respondent No.1 as a
tenant, against
vacated the demised premises and thereafter the
respondent by way of oral tenancy let out the said property to the petitioner
with effect from ... contended that
C. Revision Petition No. 2896 of 2009 -3-
fresh oral tenancy was created in favour of the petitioner after his father
vacated
tenancy was oral and through the instant amendment the real effort was to withdraw the aforesaid admission of oral tenancy. The last reason for rejecting ... effect that in the plaint the tenancy had been described as oral tenancy was incorrect and contrary to the record. It was in these circumstances
nowhere owned up the
averment made by the petitioner that oral tenancy had come into
being in his presence. The petitioner also did not name ... Singh
as a person who was present at the time of oral tenancy was agreed
upon. In the course of the petition, there
case of
tenancy wilted and the Court below held that oral tenancy had been
established.
3. The learned counsel appearing on behalf of the tenants ... such.
4. The cases where the plea is one of oral tenancy, to look for
a documentary evidence begs the question of what
town. It was the property of Abdul Rashid Butt under an oral tenancy with Sant Ram DES Raj petitioner-firm, at an annual rental
respondent no.1 and respondents no.2 and 3. The
alleged tenancy was oral and thereafter the rent note was executed ... sought possession and the petitioners claim
on the basis of the oral tenancy and the rent note dated 01.08.2000 and
on that basis, the possession
