NOOR JAHAN BEGUM Vs. SYED ISMAIL

JUDGEMENT

(1.) The present appellant was the plaintiff in O.S.No.2321/2010, in the Court of the learned XLIV Additional City Civil and Sessions Judge, Bengaluru, (CCH-45) (hereinafter for brevity referred to as "the Trial Court"), who had filed the said suit against the present respondent No.1, seeking his eviction from the suit schedule property.

(2.) The said respondent (respondent No.1 herein) as a sole defendant before the Trial Court appeared through his counsel and contested the matter by filing his Written Statement. One of the main contentions taken up by the sole defendant before the Trial Court was that of denial of the alleged landlord and tenant relationship. Categorically and specifically, the defendant also contended before the Trial Court that he has never been a tenant under the plaintiff in respect of the suit schedule property. On the contrary, he named another person as the person in possession of the suit schedule property running the business in the said suit schedule property.

(3.) In the light of the pleadings, among the issues framed by the Trial Court, the issue regarding the jural relationship of landlord and tenant was one which was required to be proved by the plaintiff before the Trial Court.