Kailash Paliwal vs Subhash Chandra Agrawal

The Supreme Court reversed the High Court's decision which had set aside the Trial Court's decree for possession based on tenancy. The Court held that the relationship of landlord and tenant was not established by the plaintiff-appellant, thus allowing the plaintiff to withdraw the suit and file a fresh suit based on title. The Court emphasized that the defendant-respondent could raise all legal defenses available to him in the new proceedings.