Mohamed Mansoor v. Abdul Kalyoom – sllr 1994 volume 3 page 001

The case between the heirs of H. A. Jane Gomes (plaintiff) and Ramasamy Muthukrishna’s alleged widow and family members (defendant), addressed the issue of whether the defendant qualifies as a tenant by succession under the Rent Act, specifically if entitlement to tenancy can be established as the lawful wife and successor to the deceased tenant. The court determined that an ejectment action may proceed against a trespasser unless the defendant proves entitlement as a statutory tenant, and a preliminary issue under section 147 of the Civil Procedure Code must be a pure question of law rather than one involving mixed fact and law. The findings established that the burden lies on the party asserting tenancy rights by succession to prove such entitlement. The plaintiff was therefore permitted