06/03/2021
Law Finder Headlines
Specific Relief Act, 1963, Section 39 - Suit for possession and mandatory injunction - Suit filed by plaintiff for possession of Booth with assertion that defendant was only employee and his services were terminated - Defendant asserted he was tenant in said booth - When there was no evidence of taking premises on rent by defendant and it was admitted by defendant that he had not maintained any record of accounts of payment of rent - There was no base for holding that relationship of landlord and tenant was proved - Trial court itself held that defendant had failed to prove any documents pertaining to tenancy - First Appellate Court, rightly came to conclusion that findings of trial court that defendant was tenant was based on surmises and conjectures - High Court erred in reversing judgment. (Supreme Court)
Law Finder Doc Id # 1815749