RAMESH KUMAR BAJAJ Vs. UMAKANT YADAV

JUDGEMENT

(1.) Plaintiffs are before this Court in an appeal under Order XLIII Rule 1 of the CPC against the order of remand passed in Title (Eviction) Appeal No.01 of 2005.

(2.) Plaintiff's suit for eviction being Eviction Suit No.5/2001 filed under Sec. 11(i)(d) of The Bihar Buildings (Lease, Rent and Eviction) Control Act (for short BLA) was decreed by the learned trial Court by recording a finding that there was a landlord-tenant relationship and the defendant/respondent had committed default in payment of rent. The sheet anchor of the evidence relied upon by the learned trial Court was the registered lease deed (Exhibit 7) executed by the mother of the plaintiff- Shanti Devi Bajaj in favour of defendant- Umakant Yadav on 25/8/1999.

(3.) Case of the defendant is that there did not exist landlord-tenant relationship between the petitioner and defendant. It was also denied that the plaintiff no.2- Sidharth Bajaj, had ever been adopted by Shanti Devi Bajaj, who was the owner of the property.