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In a tenancy dispute, when the tenant does not dispute his induction into the said property by the plaintiff (landlord) under a lease agreement, the question of doubting the title of plaintiff would not arise.: karnataka high court

This particular decision is held by the High Court Of Karnataka through the single bench of Justice N S Sanjay Gowda in the case of CHURCH OF SOUTH INDIA TRUST ASSOCIATION v K.L.JAYAPRAKASH

Facts

Recovery of possession of the property which had been leased in the favour of the defendant. The defendant though appeared before the Trial Court, did not file any written statement nor did he participate in the proceedings till the very end. He thereafter made an application seeking permission to file his written statement. The trial court however did not grant such permission.

Being aggrieved, the defendant preferred an appealThe counsel for the defendant conceded that the defendant’s induction into the suit property was on the basis of a lease agreement executed with the plaintiff. Thus, if the defendant does not dispute the tenancy between himself and the plaintiff, the Appellate.

 Order and judgements 

” In this case since it is not disputed by the defendant that he was inducted into the said property by the plaintiff under a lease agreement, the question of doubting the title of plaintiff would not arise.”

” In that view of the matter, in my view, all the observations made by the Appellate Court in the impugned order regarding the title of the plaintiff shall not be looked into by the Trial Court while considering the suit on merits. The Trial Court shall confine its consideration only to the question of entitlement of the plaintiff to seek for eviction of the defendant and will not go into the question of title of the plaintiff.”

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Judgement reviewed by- Mohammed Shoaib

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