NARENDRA SINGH CHOUHAN Vs. Z S BISHANDAS SAHNI

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/defendant who is the tenant of the respondents in respect of a building constructed on Survey No. 240 Birsinghpur Pali being aggrieved by the judgment and decree dated 20.07.1996 passed by the District Judge, Shahdol in Civil Appeal No. 8 -A/91 and judgment and decree dated 06.08.1991 passed by the Civil Judge Class -I, Shahdol in Civil Suit No. 50 -A/89 whereby the suit for eviction filed by the respondents on the ground of bonafide need, arrears of rent and reconstruction has been decreed.

(2.) THIS appeal has been admitted on the following substantial questions of law: -

(3.) IT is submitted by the learned counsel for the appellant that all the four substantial questions of law relate to the fact that the appellant/tenant has denied the relationship of landlord and tenant as well as title of the3 respondents in the suit but the courts below have recorded findings against him contrary to the oral and documentary evidence available on the record. It is submitted by the learned counsel for the appellant that the property initially belonged to one Rukmini Bai and Purushottam who had sold the same subsequently to Bashir Khan who died in the year 1967 leaving the property to his son Sikandar Khan who inducted the appellant as a tenant in the year 1978 and since then the appellant has been paying rent to Sikandar regularly. It is also submitted that the accommodation in question was, at no point of time, purchased or taken over by the respondents nor did the appellant pay any rent to the respondents inspite of which both the courts below have decreed the suit and therefore, the impugned judgment and decree suffer from perversity and improper appreciation of evidence on record.