HASMAT RAO Vs. NATHU LAL CHAUDHARI

JUDGEMENT

(1.) Instant second appeal filed by the defendant, arises out of a suit for eviction from a shop situated at Chokri Purani Bastijaipur. The plaintiffs sought for the decree of eviction on the ground of denial of title within the meaning of clause (f) of sub-section (1) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short 'the Rent Act'). Out of the nine issues that were framed by the learned trial Court, issue No. 2 as regards the denial of title was the core issue. Both the parties adduced evidence and the learned trial Court decreed the suit on the ground of "denial of title" vide decree and judgment dated 17.11.1999. After unsuccessful first appeal, the defendant preferred this second appeal.

(2.) As per clause (f) of sub-section (1) of Section 13 of the Rent Act a decree of the eviction can be passed if the tenant has renounced his character as such or denied the title of the landlord and the latter has not waived his right or condoned the conduct of the tenant. Mr. B.D. Agrawal, learned counsel for the defendant canvassed that in the case of derivative title of the landlord, tenant's assertion questioning the title of the landlord does not amount to denial of title. Reliance is placed on C. Chandraniohan v. Sengottaiyan, AIR 2000 SC 568 and Karachi Wine Store v. Mohd. Rafiq, 1998 (2) RLR 633. According to learned counsel this appeal raises substantial questions of law but I am unable to pursuade myself to agree with the submissions. The concurrent findings arrived at by the Courts below are based on appreciation of evidence adduced by the parties during the trial. Finding in regard to denial of title is essentially a finding of fact. Their Lordships of the Supreme Court in Kondiba Dagadu Kadani's, case JT 1999(3) SC 163 indicated that concurrent findings of facts howsoever erroneous can not be disturbed by the High Court in exercise of the powers under section 100 CPC.,

(3.) I am satisfied that no substantial question of law involves in the instant second appeal it is accordingly dismissed summarily.