RAJENDRA TIWARY versus BASUDEO PRASAD AND ANR.

RAJENDRA TIWARY versus BASUDEO PRASAD AND ANR.

Courts exercising jurisdiction under Bihar Building (Lease, Rent and Eviction) Control Act, 1982 cannot grant equitable decree of eviction based on title under Order VII Rule 7 CPC, as relief under the Act requires establishment of landlord-tenant relationship. Further enquiry into title is unwarranted; Order VII Rule 7 does not apply in such cases.

Parties
Appellant Defendant: Rajendra Tiwary; Respondent Plaintiff: Basudeo Prasad; Kedar Nath Sinha
Jurisdiction
India
Judgment Date
09 November 2001
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Remanding Case to First Appellate Court
Outcome
Appeal allowed; High Court judgment set aside; plaintiffs' suit dismissed; no costs.
Legal Topics
Relationship of Landlord and Tenant, Jurisdiction of Rent Controller, Scope of Relief Under CPC Order VII Rule 7
Rent Control Eviction Civil Procedure Relationship of Landlord and Tenant Jurisdiction of Rent Controller Scope of Relief Under CPC Order VII Rule 7

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Parties

Rajendra Tiwary

Appellant Defendant

Basudeo Prasad

Respondent Plaintiff

Kedar Nath Sinha

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Remanding Case to First Appellate Court

Legal Issues

  1. 1 Whether courts exercising jurisdiction under Bihar Building (Lease, Rent and Eviction) Control Act, 1982 can grant equitable decree of eviction based on title under Order VII Rule 7 CPC
  2. 2 Whether enquiry into title of parties is warranted in eviction suit under Rent Control Act when landlord-tenant relationship is not established

Ratio Decidendi

Courts exercising jurisdiction under Bihar Building (Lease, Rent and Eviction) Control Act, 1982 cannot grant equitable decree of eviction based on title under Order VII Rule 7 CPC, as relief under the Act requires establishment of landlord-tenant relationship. Further enquiry into title is unwarranted; Order VII Rule 7 does not apply in such cases.

Court Disposition

Appeal allowed; High Court judgment set aside; plaintiffs' suit dismissed; no costs.

Orders

  • Suit of plaintiffs dismissed.
  • High Court remand order set aside.