JAGAT NARAYAN SINGH versus SMT. ANJANA DIXIT

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Jagat Narayan Singh v. Smt. Anjana Dixit - SECOND APPEAL No. 868 of 2007 [2007] RD-AH 14135 (17 August 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon.Pankaj Mithal,J.

Heard Sri S.M. Abbas Naqvi, learned counsel for the appellant. Sri Saurabh Srivastava has appeared for the defendant respondent.

This is an appeal by the defendant appellant  arising from original suit No. 50/2001 for his eviction from the house in dispute on the ground that he was permitted to live therein as a mere licensee which has been revoked and therefore he should handover the vacant possession of the same. The defendant appellant contested the suit on the ground that he is not a licensee but a tenant and therefore he can not be evicted unless his tenancy is terminated.

Both the courts below concurrently recorded that the defendant appellant is not a tenant in the house in dispute but he is merely a licensee. No documentary evidence was produced by the defendant appellant to prove that he is occupying the house as a tenant. The above finding of the courts below is a pure finding of fact and since the defendant appellant is only a licensee, the courts below have committed no error of law in decreeing the suit for eviction.

The appeal raises no substantial question of law. It is accordingly dismissed.  

17.8.2007

SKS( 868-07)

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