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Anil Jain   20 March 2024

West bengal tenancy act

defendant ( tenant )  has documentary evidence to challenge the tittle of plaintiff and prove that the process through which he registered the deed of conveyance is not valid . But  the defendant is being advised to file a separate suit to challenge the sale deed in upper court ie, city civil law . The defendant /Tenant  wants to know how he challenge the ownership and tittle in ejectment suit . The plaintiff is not the inducting landlord and Sec 116 of evidence act is not a bar . points of challenging the tittle are (1) The suit property is a debuttar trust property and  purchased without leave of court during the pendency of pre existing suit running in high court in between the trustees. (2) A receiver was appointed in the pre existing suit in between the trustees (3) The pre existing suit was pending when the plaintiff purchased the suit property .



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     22 March 2024

The plaintiff's title can be challenged during trial proceedings only. 

If the plaintiff is having a registered title on his name then the tenant cannot question his title for any reason he may rely upon. 

Once a tenant is always a tenant. 

The tenant cannot refuse to pay the rent but the tenant can express his grievances before court for not able to vacate rented premises for the valid and convincing reasons. 


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