Allahabad High Court · 2025-01-22
CIVIL REVISION No. 524 of 2011 at Allahabad
- Citation / case number
- CIVIL REVISION No. 524 of 2011 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CIVIL REVISION No. 524 of 2011 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
AFR Neutral Citation No. - 2025:AHC:10881 Court No. - 4 Case :- CIVIL REVISION No. - 524 of 2011 Revisionist :- Pawan Kumar Kothiwal And Others Opposite Party :- State of U.P. and Others Counsel for Revisionist :- Archit Mehrotra Counsel for Opposite Party :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Shri Archit Mehrotra, learned Advocate appearing for revision-applicants and Shri O.P. Singh Sikarwar, learned Standing Counsel appearing for State of U.P. and Regional Food Controller, Civil Lines, Moradabad, the tenant respondents. 2. The sole issue that arises for consideration before the Court is as to whether an unregistered document presented by the respondent can be read into to draw an inference that there was a tenancy in perpetuity and therefore, could not have been determined by issuance of a notice under Section 106 of the Transfer of Property Act, 1882. 3. In the instant case revision-applicant/ plaintiff has been non- suited in the eviction suit only for the reason that respondent presented an unregistered agreement before the court to demonstrate that there was not fixed term tenancy contrary to the stand taken by plaintiff that there was a fixed term tenancy to expire on 30