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2016 (6) TMI 1242 - HC - Indian LawsSurrender of tenancy - Held that:- It is no doubt true that the plaintiff has pleaded in his plaint by way of amendment that the defendant No.2 was initially the tenant, who surrendered his tenancy on 15-4-1984, and with effect from 16-4-1984, the defendant No.1 was considered as the tenant in respect of the suit property. This was introduced in view of the stand taken by the defendant Nos.1 and 2 in their separate written statement that it is the defendant No.2 who is the tenant and not the defendant No.1. In fact, the Trial Court deleted the issue as to whether the defendant No.2 proves that the defendant No.1 alone is the tenant of the suit property. Since the defendant No.2 has surrendered such an issue, the consequential amendment of pleadings by the plaintiff loses its significance. It was, therefore, not necessary for the lower Appellate Court to decide the question as to whether the surrender of tenancy was proved or not. The substantial questions of law at Serial Nos.1 and 3 are, therefore, answered accordingly. Admissibility of document at Exhibit 50 - Held that:- The non-registration of document would not come in the way of the Court to hold that the relationship of "Landlord and Tenant" between the plaintiff and the defendant No.1 in the present case has been established, coupled with the other evidence available on record. The substantial questions of law at Serial No.2 is answered accordingly.
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