SUDHAMAI SINHA Vs. DEVENDRA SHARMA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner is plaintiff of Eviction Suit No. 2 of 2002, which she has filed for eviction of defendant no. 1 from the suit premises on the ground of her personal necessity and also on the ground of default by the defendant in payment of rent with respect to the suit premises.

(3.) ON the other hand, learned counsel for the opposite party vehemently opposes the contentions of the learned counsel for the petitioner and submits that the issue of title was very much involved in the suit as the defendants had denied any relationship of landlord and tenant and were claiming the suit premises on the basis of their independent right. He further relies upon a decision of this Court in the case of Maheshwar Pd. Sharma V/s. Shobha Devi, reported in 1999(2) PLJR 148. in which it was held that although in an eviction suit the court is not required to decide the title of the plaintiff in a full fledged manner and the court is only to see whether there is relationship of landlord and tenant between the parties and for that purpose whether the plaintiff is the owner of the suit premises, but in case complicated question of title is involved, the court may allow the party to file a fresh suit for declaration of title etc. or may direct that the eviction suit be converted into a title suit for deciding the aforesaid complicated question of title.