Question of title of the property is not germane for decision of the eviction suit

It may be pointed out that it is well settled law that the question of title of the property is not germane for decision of the eviction suit. In a case where a plaintiff institutes a suit for eviction of his tenant based on the relationship of the landlord and tenant, the scope of the suit is very much limited in which a question of title cannot be gone into because the suit of the plaintiff would be dismissed even if he succeeds in proving his title but fails to establish the privity of contract of tenancy.

In a suit for eviction based on such relationship the Court has only to decide whether the defendant is the tenant of the plaintiff or not, though the question of title is disputed, may incidentally be gone into, in connection with the primary question for determining the main question about the India Automobiles & Co. [1990 (4) SCC 286 at para 21] this Court had an occasion to deal with similar controversy. In the said decision this Court observed that in a suit for eviction between the landlord and tenant, the Court will take only a prime facie decision on the collateral issue as to whether the applicant was landlord. If the Court finds existence of relationship of landlord and tenant between the parties it will have to pass a decree in accordance with law. It has been further observed that all that the Court has to do is to satisfy itself that the person seeking eviction is a landlord, who has prima facie right to receive the rent of the property in question. In order to decide whether denial of landlord's title by the tenant is bonafide the Court may have to go into tenant contention on the issue out the Court is not to decide the question of title finally as the Court has to see whether the tenant's denial of title of the landlord is bonafide in the circumstances of the case.[Para No.9]

Sec.420 of IPC; in absence of elements of cheating, does not automatically extends the limitation of time barred complaint u/s. 138 of N.I.Act

Dishonor of cheque - demand notice issued - complainant alleges that after receipt of notice, accused assured for payment within two days but failed - complaint for the offences punishable u/s. 138 of N.I.Act and 420 of I.P.C. filed without any application for condonation of delay.

Held: If no elements of offence of 'cheating' are found in the complaint then cognizance has to be taken u/s.142(b) of N.I.Act. Sec.420 of IPC; in absence of elements of cheating, does not automatically extends the limitation of time barred complaint u/s. 138 of N.I.Act 

   In this regard, this Court is of the view that both in Section 138 and Section 142 of the NI Act, a special provision, distinct from the provisions of the CrPC in respect of limitation in taking cognizance has been made. It is apparent that the special statute rolls out distinctly different procedure. [Para No.6]

   It is equally well settled that if the special statute provides a different procedure, the provisions of the CrPC would not apply to the extent of inconsistency. [Para No.7]

Having regard to Section 138 and Section 142 of the NI Act, if the cognizance of dishonor of cheque for insufficiency of fund is taken in absence of element of 'cheating', the cognizance has to be taken under Section 142(b) of the NI Act. [Para No.8]