AIR 1954 PATNA 443

Patna High Court

Hon'ble Judge(s): Sinha, Misra , JJ

(A) Landlord and Tenant - Rent suit - Foundation of decree. The relationship of landlord and tenant is the very foundation of a decree in a rent suit and as such is a matter necessary to be determined. When a suit for rent is filed, unless the defendant confesses a judgment, the Court must determine the question as to whether the relationship of landlord and tenant has been established between the parties, before a decree can be passed. (B) Civil P.C. (5 of 1908) , S.11— Suit by landlord for rent - Matter directly in issue. Where the matter is pointedly raised in a suit as to whether the plaintiff is landlord and is entitled to a decree for rent as against the defendant the matter is directly put in issue and is actually decided, and, therefore, it cannot be held that it is only an incidental question.(Para 5) Anno : C. P. C., S. 11, N. 14. (C) Bihar Tenancy Act (8 of 1885) , S.148A— Tenancy Laws - Rent suit - Necessity of determination of status of tenant. The terms of S. 148A lend support to the view that for a rent decree binding the entire holding under the Bihar Tenancy Act, the status of the tenant is a necessary factor t....