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VENUTHURUMALLI GOPALA KRISHNA RAO
Regional Manager – Appellant
Versus
Rukmini Krishna Modern Rice Mill – Respondent
JUDGMENT :
Venuthurumalli Gopala Krishna Rao, J.
This Appeal, under Section 96 of the Code of Civil Procedure [for short "the C.P.C."], is filed by the Appellants/Defendants, challenging the Decree and Judgment, dated 21.04.2003 in O.S.No.289 of 1996 passed by the learned II Additional Senior Civil Judge, Kakinada [for short "the Trial Court"]. The appellants herein are the defendants and the Respondent No.1 herein is the plaintiff, who died during the pendency of appeal, his legal representatives are already on record as respondent Nos.2 to 6.
2. The 1st respondent/plaintiff filed the Suit for recovery of enhanced rent and also cost of repairs from the lessee.
3. Both the parties in the Appeal will be referred to as they are arrayed before the Trial Court.
4. The brief averments in the plaint in O.S. No.289 of 1996 are as under :
(ii) The plaintiff further pleade
The court affirmed that silence in response to demands can imply acceptance of terms in a lease agreement, particularly when no evidence is presented to the contrary.
Section 17(1) of Registration Act, 1908 states as documents of which registration is compulsory.
The escalation clause in a tenancy agreement remains enforceable despite the lease being unregistered when the tenancy continues beyond one year.
Point of law: The material on record is clear that the basis for eviction of the appellants from the plaint schedule premises is not on account of default in payment of rents or breach of contractual....
The foundational facts and cause of action must remain unchanged for res judicata to apply, and the earlier adjudication must have been on merits.
The court affirmed the validity of a lease agreement and outlined that the burden of proof for its alleged forgery lies with the disputing party, establishing principles of contract law related to da....
The main legal point established in the judgment is that the benefit of first default in payment of rent by a deceased tenant extends to the heirs, and mere enhancement of rent without altering other....
The judgment highlights the legal principles governing the plea of set-off in a suit for recovery of money, emphasizing the specific conditions that must be met for a valid set-off claim.
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