UTTAM KUMAR Vs. URMILA BAI

JUDGEMENT

(1.) The present Second Appeal has been filed under Sec. 100 of the Code of Civil Procedure, 1908, assailing the judgment and decree dtd. 12/4/2018 passed in Civil Appeal No. 17-A/2014 (Uttam Kumar v. Urmila [since deceased, through her legal representatives]) by the learned District Judge, Balod, whereby the First Appellate Court affirmed the judgment and decree dtd. 18/4/2013 passed in Civil Suit No. 17-A/2012 (Urmila v. Uttam Kumar) by the learned Trial Court. The present appeal has been preferred by the defendant, who is the appellant herein. For the sake of convenience, the parties shall hereinafter be referred to as per their status before the Trial Court.

(2.) The original plaintiff instituted a civil suit seeking vacant possession of the suit house and recovery of arrears of rent, pleading that the defendant was her tenant and that the tenancy had been validly terminated by notice. The defendant contested the suit by denying the relationship of landlord and tenant and by claiming ownership over the suit property on the basis of an alleged sale dtd. 1/8/2007. Upon due appreciation of the oral and documentary evidence on record, the learned Trial Court decreed the suit in favour of the plaintiff, holding that the defendant failed to prove his plea of ownership and that the plaintiff had established the tenancy and its lawful termination. Aggrieved thereby, the defendant preferred a First Appeal under Sec. 96 of the Code of Civil Procedure. The learned First Appellate Court, on re-appreciation of the entire evidence on record, affirmed the findings recorded by the Trial Court and dismissed the appeal, concurring with the conclusion that the defendant had not established any valid transfer of title in his favour and that the decree for eviction and arrears of rent was rightly passed.

(3.) Learned counsel for the appellant/defendant has been heard on the question of admission, and the impugned judgments and decrees passed by both the courts below have been carefully examined.