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V. R. K. KRUPA SAGAR
Natraj Electricals, Vijayawada – Appellant
Versus
P. Venkateswara Sarma – Respondent
JUDGMENT:
A tenant is grief-stricken as it has been ordered to vacate the demised premises by both the Courts below and therefore, it appeals to this Court under Section 100 C.P.C.
2. A learned judge of this Court, on 13.12.2013 admitted the second appeal on the following substantial questions of law:
B. Whether payment of rent to the plaintiff as agent of the land lady can confer any right to sue the defendant for eviction?
C. Assuming that the quit notice issued by the plaintiff is valid, whether the acceptance of monthly rents for 7 months after issuance of quit notice would not amount to waiver and whether institution of suit subsequently is permissible under law?
D. Whether the Partition List marked as Ex.A.21 would
The main legal point established in the judgment is the application of Section 106 of the Transfer of Property Act, 1882, to establish the existence of the oral tenancy and the bonafide requirement o....
The main legal point established in the judgment is the validity of the quit notice issued under section 106 of the Transfer of Property Act and the jurisdiction of the Civil Court to try the suit.
The court affirmed that a lease is terminated by efflux of time and issuance of quit notices, leading to unauthorized possession by the tenant, with no substantial question of law for appeal.
Acceptance of rent by a landlord after the issuance of a quit notice does not amount to a waiver of the notice or a renewal of the lease unless there is express or implied consent from the landlord.
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