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VENKATA JYOTHIRMAI PRATAPA
DILIP MOTI RAM BULCHANDANI – Appellant
Versus
CHELAMKURI AMALA – Respondent
JUDGMENT:
(Venkata Jyothirmai Pratapa, J.)
Impugning the Judgment and Decree dated 12.10.2018 passed in O.S.No.1650 of 2010 by the learned VI Additional Senior Civil Judge, Visakhapatnam,[Hereinafter ‘trial court’] the Defendant therein preferred the present Appeal.
2. Plaintiff filed the suit O.S.No.1650 of 2010 seeking eviction of the Defendant from the plaint schedule property and for damages at Rs.20,000/- per month from October, 2010 till the date of handing over the vacant possession. Appellant herein was the Defendant and Respondent herein was the Plaintiff. For the sake of convenience, the parties will be referred to, as they were arrayed, before the trial Court.
3. The case of the Plaintiff, in brief, is as follows;
3.1. It is averred in the plaint that the Plaintiff is the absolute owner of the schedule property, situated in Prakasarao peta, Visakhapatnam, consisting of two shop rooms in the ground floor of the building and the Defendant has taken the said two shop rooms on lease, for the purpose of doing business in the name and style of “M/s. Dolls-n-Chic Boutique.” The tenancy is month to month on payment of Rs.11,753/- per month. It is stated that the Defendant was irre
The validity of a notice under Section 106 of the Transfer of Property Act is upheld, confirming the landlord's right to evict despite acceptance of rent post-termination.
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.
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.
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.
The main legal point established in the judgment is that objections to the validity of a notice of termination of tenancy must be specifically pleaded in the written statement to avoid waiver. Additi....
A valid notice to quit under Section 106 of the Transfer of Property Act is mandatory to terminate a tenancy, regardless of original lease terms dispensing with such notice.
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....
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