Vinay Eknath Lad vs Chiu Mao Chen - 2019 Supreme(SC) 1401

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(SC) 1401

DEEPAK GUPTA, ANIRUDDHA BOSE
Vinay Eknath Lad – Appellant
Versus
Chiu Mao Chen – Respondent

Advocates Appeared:
For the Appellant(s) :Rajesh Mahale, Advocate
For the Respondent(s):S.J. Amith, Vipin Gupta, Advocates

Judgement Key Points

What is the issue of locus standi to institute a landlord-tenant suit when the landlord’s title is derived from a dissolved partnership firm and subsequent co-ownership? What is the effect of derivative title and estoppel under Section 116 of the Evidence Act on a tenant’s right to challenge the landlord’s title during subsistence of tenancy? What is the appropriate approach when documentary evidence of devolution or co-ownership after dissolution is not properly stamped or proved, and how should the case be remanded for readjudication?

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is the issue of locus standi to institute a landlord-tenant suit when the landlord’s title is derived from a dissolved partnership firm and subsequent co-ownership?

What is the effect of derivative title and estoppel under Section 116 of the Evidence Act on a tenant’s right to challenge the landlord’s title during subsistence of tenancy?

What is the appropriate approach when documentary evidence of devolution or co-ownership after dissolution is not properly stamped or proved, and how should the case be remanded for readjudication?

JUDGMENT :

ANIRUDDHA BOSE, J.

The appellant before us is the owner of a premises comprising of a shop room, numbered 3 in the ground floor of Sabari Complex, Residency Road, Richmond Town, Bengaluru 560025. This premises is the subject of dispute in this appeal. The suit, out of which this appeal arises, was instituted by “Sri Sabari Corporation” styled as a co-ownership firm comprising of seventeen individuals. All these individuals were also described as plaintiffs (a) to (q) in the suit in the capacity of co-owners. They shall be referred to later in this judgment as the “original plaintiffs”. The mother of the sole respondent was inducted as the lessee of the subject-premises on 10th May, 1978. At that point of time, the owner of the premises was a partnership firm with the same trade name. Admitted position is that on his mother’s death in the year 1996, the respondent became the tenant of the subject premises. The original plaintiffs through their learned Advocates issued a notice terminating the lease in terms of Section 106 of the Transfer of Property Act on 25/27th September, 2006. In this notice, the nature of occupation has been interchangeably used as “tenancy” and “lease

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2019 Supreme(SC) 1401

DEEPAK GUPTA, ANIRUDDHA BOSEVinay Eknath Lad – AppellantVersusChiu Mao Chen – Respondent

What is the issue of locus standi to institute a landlord-tenant suit when the landlord’s title is derived from a dissolved partnership firm and subsequent co-ownership?

What is the effect of derivative title and estoppel under Section 116 of the Evidence Act on a tenant’s right to challenge the landlord’s title during subsistence of tenancy?

What is the appropriate approach when documentary evidence of devolution or co-ownership after dissolution is not properly stamped or proved, and how should the case be remanded for readjudication?

Cases Referred (6)

DEEPAK GUPTA, ANIRUDDHA BOSE
Vinay Eknath Lad – Appellant
Versus
Chiu Mao Chen – Respondent