RITA LALversusRAJ KUMAR SINGH

                                   RITA LAL                                             A
                                         v.
                              RAJ KUMAR SINGH

                            .SEPTEMBER 13, 2002

                [R.C. LAHOTI AND BRIJESH KUMAR, JJ.]                                    B

      Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 :

      Ss. 14(4) and (5)-Eviction oftenant on grounds o/bona fide requirement
and arrears of rent-Summary procedure-Tenant seeking leave to defend C
denying landlord-tenant relationship-Trial court refused the leave and decreed
the suit-High Court in revision holding that a triable issue within the meaning
of sub-sections (4) and (5) of s.14 did arise and leave to defend deserved to
be granted to tenant-Held, there is a very clear admission made by the
tenant of the title of the landlord in his deposition in an earlier suit-Tenant D
has not furnished any explanation for his signatures on every page of rent
note-Tenant having been inducted by landlord so long as he remains in
possession, he cannot deny the title of his landlord in view of the rule of
estoppe/ contained ins. 1/6 of Evidence Act-On/acts, the tenant is raising
a plea which he is estopped from raising and, therefore, the plea raised by
him seeking leave to defend does not amount to raising a triable issue-High E
Court, in exercise of revisional jurisdiction, ought not to have interfered with
the well considered and reasoned order of trial court-Evidence Act-S. I 16-
Estoppel-Revisional jurisdiction of High Court.

      Vashu Deo v. Balkishan, [20021 2 SCC SO, relied on
                                                                                        F
     Charan Dass Dugga/ v. Brahma Nand, (19831 I SCC 301; Md.
Fahimuddin v. Godhan Pd. Singh, (1992) 2 PLJR 352 and Bijoy Kumar
Singh v. The State of Bihar & Ors., (1992) I PLJR 123, referred to

       S.14(5)-Triable issue-Raising a triable issue, as sub-section (5) of s.
I 4 suggests, is disclosing by tenant in his affidavit such facts as would disentitle   G
the landlord from obtaining an order of evictio~If the Court is satisfied that
though in the pleadings an issue is raised but that is not a triable issue then
the Court is justified in refusing the leave to defend-A defence, which is
practically moonshine, sham or illusory cannot be held to he raising a triable

                                        403                                             H
    404                      SUPREME COURT REPORTS [2002) SUPP. 2 S.C.R.

A issue-;--Else the whole purpose behind enacting a provision for granting leave
    to defend, and not permitting a contest unless leave was granted, would stand
    defeated.

            CIVIL APPELLATE JUSISDICTION. Civil Appeal No. 5837 of
    2002.
B
         From the Judgment and Order dated 21.8.200 I of the Jharkhand at
    Ranchi High Court in C.R.No. 268 of 2001.

          Dhruv Mehta for M/s K.L.Mehta & Co, for the Appellant. S.B. Upadhyay
    for the Respondent.
c           The following Order of the Court was delivered :

            Leave granted.

         The appellant, a widow and having undergone a kidney transplant,
D initiated an eviction petition under Section 14 of the Bihar Buildings (Lease
  Rent and Eviction) Control Act, 1982 (hereinafter "the Act", for short).
  According to the appellant, the respondent an employee of the appellant, was
  inducted into possession of the premises under an agreement of lease dated
  10th February, 1997. The grounds on which eviction is sough for are more
  than one and include the genuine requirement of the premises for landlord's
E self occupation and the respondent being a defaulter in payment of rent.
         The respondent-tenant sought for leave to defend under sub- section (4)
  of Section 14 of the Act denying the landlord-tenant relationship and
  submitting that the suit property was owned by one R.N. Chakraborty, whose
  title on his death had devolved upon his son, Dr. Rajat Chakraborty and
F from the latter the respondent had purchased the property under registered
  deed of sale dated 24th February, 1998. It was submitted that as there was
  no landlord-tenant relationship between the parties, the respondent was not
  liable to pay rent and certainly not liable to be evicted. In the submission of
  the respondent, the pleading raised a triable issue and, therefore, leave· to
G defend ought to have been granted.
        The learned Trial Court having taken into consideration the pleadings
  of the parties, the contents of the affidavits and the supporting documents
  formed an opinion that the pleas raised by the respondent-tenant were false
  and frivolous and wholly unsustainable in law and hence no erima facie case
H was made out worth consideration for granting leave to defend. Leave to
                             RITA LAL v. RAJ KUMAR SINGH                          405
       defend was, therefore, refused. Feeling aggrieved by the order of the Trial        A
       Court, the tenant preferred a revision in the High Court which revision has
       been allowed by the learned Single Judge forming an opinion that a triable
       issue within the meaning of sub- sections (4) and (5) of Section 14 of the Act
       did arise on the pleadings of the parties and, therefore, the leave to defend
       deserves to be granted to the respondent- tenant.
                                                                                          B
              The pleadings, affidavits and the documents available on record go to
       show that the respondent was an employee under the appellant. On 10th day
       of February, 1997, an agreement to lease was executioned between the parties.
       Though the execution thereof is disputed but what is not disputed are the
       signatures of the respondent- tenant on each of the pages of the agreement         C
       on which the agreement is inscribed. In the year 1993, a title suit was filed
       by this very appellant against Rajat Chakraborty and. therein this very
       respondent had appeared as a witness for the plaintiff. He was examined on
....   oath on 29th June, 1994 the Court of Munsif, Hazaribag. In his deposition
'
       he has traced the source of title of the plaintiff therein (i.e. the appellant
       herein) narrating the chain of sale deeds by successive owners of the property     D
       including the last one of the year 1998 whereby the property was purchased
       by the appellant herein from one Sanjay Kumar Sinha, the then owner of the
       property. The land having been purchased, the respondent went on to depose,
       the appellant constructed two houses on the land surrounded by the boundary
       wall. The respondent very clearly stated that the defendant (that is Rajat         E
       Chakraborty) had no title or interest in the property and the suit had to be
       filed by the plaintiff (i.e. the appellant herein) because Rajat Chakraborty and
       other defendants were trying to take forcible possession of the property.

              There is a very clear admission made by the respondent of the title of
       the appellant in his deposition made on oath in judicial proceedings. Not a p
       word he has stated on the pleadings showing how and under what
       circumstances the statement came to be made and how does the respondent
       wriggle out of a clear admission made in his deposition? So also the respondent
       does not furnish any explanation worth being considered, muchless accepted,
       as to how his signatures appear at more than one places, that is, on every
       page of the rent note dated I 0th February, 1997 he cannot escape the G
       consequences flowing from execution of rent note. The tenant having been
       inducted by the landlord so long as he remains in possession cannot deny the
       title of his landlord in view of the rule of estoppel contained in Section 116
       of the Evidence Act. Recently in Vashu Deo v. Balkishan, [2002] 2 SCC 50,
       we had an occasion to sum up the law as to estoppel of tenant and as to H
    406                       SUPREME COURT REPORTS (2002) SUPP. 2 S.C.R.

A eviction by title paramount and we have held:
                "The rule of estoppel between landlord and tenant enacted in
            Section 116 of the Evidence Act has three main features: (i) the
            tenant is estopped from disputing the title of his landlord over the
            tenancy premises at the beginning of the tenancy, (ii) such estoppel
B           continues to operate so long as the tenancy continues and unless the
            tenant has surrendered possession to the landlord, and (iii) Section
            116 of the Evidence Act is not the whole law of estoppel between the
            landlord and tenant, The principles emerging from Section 116 can                 '·
            be extended in their application and also suitably adapted to suit the
            requirement of an individual case."
c
                 '' ............ the rule of estoppel ceases to have applicability once the
            tenant has been evicted. His obligation to restore possession to his
            landlord is fulfilled either by actually fulfilling the obligation or by
            proving his landlord's title having been extinguished by a paramount
            title-holder"
D
    The trial court rightly formed the opinion that no triable issue was raised.

          The learned counsel for the respondent has placed reliance on the law
   laid down by this Court in the case of Charan Daas Dugga/ v. Brahma Nanci,
E [1983] I SCC 30 and two decisions of Patna High Court in Md. Fahimuddin
   v. Godhan Pd Singh, (1992) 2 PLJR 352 and Bijoy Kumar Singh v. The
  State of Bihar & Ors., (1992) I PLJR 123. There can be no quarrel with the
   proposition laid down in these decided cases relied on by the learned counsel
   for the respondent. The law is settled that if the tenant has made out a prima
  facie case raising such pleas that a triable issue .would emerge then that
F would be sufficient to grant leave. The case law cited at the Bar itself goes
   to show that even at that stage the Trial Court is not precluded from forming
   an opinion whether on the material available on record, a triable issue, that
   is, issue worth being tried arises or not. Raising a triable issue, as sub-section
   (5) of Section 14 suggests is disclosing by tenant in his affidavit such facts
   as would disentitle the landlord from obtaining an order of eviction. If the
G Court is satisfied that though in the pleadings an issue is raised but that is not
   a triable issue than the Court is justified in refusing the leave to defend. A
   defence, which is practically moonshine, sham or illusory cannot be held to
   be raising a triable issue. Else the whole purpose behind enacting a provision
   for granting leave to defend, and not permitting a contest unless leave was
H granted, would stand defeated.
                    RITA LAL v. RAJ KUMAR SINGH                        407
       In the facts and circumstance of the case, noticed hereinabove, it is A
clear that the defendant is raising If plea which he is e~1opped form raising
and, therefore, the plea raised by him in his affidavit seekiri~ leave to defend
does not amount to raising a triable issue, In our opinion, the High Court, in
exercise of revisional jurisdiction, ought not to have interfered with the well
considered and reasoned order of the Trial Court.
                                                                              B
      For the foregoing reasons, the appeal is allowed. The impugned order
of the High Court is set aside and that of the Trial Court restored. The
respondent shall pay the costs incurred by the appellant

R.P.                                                       Appeal allowed. C