AVINASH CHANDRA SRIVASTAVA Vs. KIRAN SRIVASTAVA

JUDGEMENT

(1.) Sri M.K. Gupta learned Counsel appearing for the petitioner has submitted that the Courts below have erred in holding that the petitioner had denied the title of the landlord. In his submission, in view of section 111 of Evidence Act, the title of the landlord who has initially created tenancy, cannot be denied and in this case, it was Sri Nand Gopal Vadhavan who has purchased tenanted property from one Smt. Vijai Laxmi and his title has not been denied. The attention of the Court has been drawn towards section 109 of Transfer of Property Act. In support of his submissions he has placed reliance upon the judgment of Apex Court in Sheela and others v. Firm Prahlad Rai Prem Prakash, 2002 47 AllLR 415. Refuting the submission of Sri Gupta, Sri Ashish Kumar Srivastava has submitted that the Courts below were justified in decreeing the suit on the ground of denial of title of landlord. In support of his submission he has placed reliance upon the judgment of Division Bench of this Court in Hasmat Husain v. Saghir Ahmad, 1958 AIR(All) 847 Matter requires consideration.

(2.) Matter requires consideration.

(3.) Issue notice.