Dismissed

Ganesh Mal v. Agrawal Samaj Panchayat Trust

Rajasthan HC22 Jan 2021CSA/196/2019

Case brief

AI extract

What is this about?

In this second appeal, the High Court of Rajasthan at Jodhpur dismissed the appeal challenging eviction proceedings based on termination of tenancy under Section 106 of the Transfer of Property Act. The court held that the lower courts findings were not perverse and the eviction was legally sustainable.

What did the court decide?

The second appeal was dismissed, upholding the eviction decree.

Ganesh Mal Vs Agrawal Samaj Panchayat Trust — Landlord and Tenant | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Second Appeal No. 196/2019

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Ganesh Mal S/o Chhoga Ji, Aged About 75 Years, R/o Outside Agrawal Samaj Bhawan, Maharaj, Agrasen Marg, Sheoganj, Dist. Sirohi (Raj.)

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----Appellant

¶5

Versus

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Agrawal Samaj Panchayat Trust, Through Its Secretary Mahesh Agarwal, Aged 40 Years, R/o Sheoganj, Dist. Sirohi (Raj.)

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----Respondent

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For Appellant(s) : Mr. R.S. Mankad for Mr. Vivek Shrimali For Respondent(s) :

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HON'BLE MR. JUSTICE ARUN BHANSALI Order

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22/01/2021

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This appeal is directed against judgment and decree dated 06.09.2018 passed by Senior Civil Judge, Sheoganj, District Sirohi and judgment and decree dated 25.07.2019 passed by District Judge, Sirohi, whereby, the suit filed by the respondent seeking eviction of the appellant has been decreed and the appeal filed by the appellant has been dismissed.

¶12

The suit was filed by the respondent-plaintiff seeking eviction of the appellant from the suit premises based on termination of tenancy under Section 106 of the Transfer of Property Act, 1882 (‘the Act’).

¶13

The suit was resisted by the defendant based on the submissions contained in the written statement. The trial court framed seven issues.

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After hearing the parties, the trial court came to the conclusion that there was landlord tenant relationship between the parties, the tenancy was terminated by issuance of a valid notice

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(2 of 2)

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[CSA-196/2019]

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under Section 106 of the Act and consequently ordered for eviction of the appellant.

¶18

Feeling aggrieved, the appellant filed first appeal.

¶19

The first appellate court after hearing the parties, reiterated the findings recorded by the trial court and consequently, dismissed the appeal.

¶20

Learned counsel for the appellant attempted to make submissions seeking to question the concurrent findings recorded by the two courts below pertaining to the landlord tenant relationship as well as validity of notice under Section 106 of the Act.

¶21

However, during course of submissions it was submitted that the impugned decree already stands executed and that the appellant has already been evicted from the suit property.

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I have considered the submissions made by learned counsel for the appellant and have perused the material available on record. The two courts below after analyzing the oral and documentary evidence available on record have concurrently found that landlord tenant relationship existed between the parties and that the tenancy was validly terminated by issuing notice under Section 106 of the Act.

¶23

Learned counsel for the appellant failed to point out any perversity in the findings recorded by the two courts below so as to give rise to any substantial question of law.

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In view of the above discussion, the appeal has no substance.

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The same is, therefore, dismissed.

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(ARUN BHANSALI),J

¶27

10-Sachin/-

Ganesh Mal v. Agrawal Samaj Panchayat Trust

Case brief

What is this about?

What did the court decide?

Ganesh Mal v. Agrawal Samaj Panchayat Trust

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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