Jyoti Sharma Vs Vishnu Goyal & Anr. (Supreme Court of India)
Tenant Estopped from Denying Landlord’s Title – SC Upholds Eviction on Bona Fide Need- Probated Will Seals Ownership
In a recent decision, the Supreme Court delivered a significant ruling reversed concurrent findings of the trial court, first appellate court & the High Court which had rejected the claim of the landlord. The litigation related to a shop tenancy that had commenced way back in 1953 when Ramji Das, the father-in-law of the present Appellant, had leased out the premises to the father of the defendants. Upon the death of Ramji Das in 1999, his daughter-in-law Jyoti Sharma derived rights under a Will executed on 12.05.1999 & instituted eviction proceedings on the grounds of default in payment of rent from January 2000 & bona fide requirement to expand her family’s sweets & savouries business carried on in the adjoining shop.
The defendants disputed the ownership of Ramji Das & alleged that the Will was fraudulent. They contended that the property originally belonged to Sua Lal, uncle of Ramji Das, & hence the plaintiff had no title. The trial court accepted this plea, raised suspicion on the Will by comparing signatures, & held that the plaintiff failed to establish landlord-tenant relationship. The appellate court & High Court concurred, further rejecting an attempt by the plaintiff to bring on record a probate order of 2018 validating the Will.
