[Civil Appeal No. 1362 of 2013 arising out of SLP (C) No.33438/2010]. This appeal arises out of an order dated 26.8.2010 passed by the High Court of Madhya Pradesh at Indore, whereby First Appeal No.752 of 2008, filed by the respondent herein, has been allowed and the judgment of the Trial Court in O.S. No.9A/2008 reversed. It is not, in our opinion, necessary to recapitulate the factual backdrop in which the controversy arises, in detail. The order passed by the Trial Court as well as the Fist Appellate Court, sufficiently do that part. All that we need mention is that a suit seeking a decree for possession was filed by the plaintiff-appellant herein against the defendant-respondent on the ground that the defendant-respondent was in occupation of the suit property despite termination of his tenancy by the plaintiff-appellant. The defendant- respondent herein disputed the alleged tenancy pleaded by the appellant and set up his own title based on a certain oral sale in his favour. The Trial Court eventually came to the conclusion that the jural relationship of landlord & tenant was established between the parties and accordingly decreed the suit in favour of the appellant. Aggrieved by the decree passed by the Trial Court, the defendant-respondent preferred a regular first appeal before the High Court which, as noticed above, was allowed by the High Court reversing the judgment and decree passed by the Trial Court. The High Court was of the view that the relationship of landlord and tenant had not been established by the plaintiff-appellant and the suit, on that basis, was not maintainable.
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