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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUBBA REDDY SATTI
Balijepalli Raja Sekhar, S/o. Late Apparao – Appellant
Versus
Gorle Venkata Prasada Rao, (Since Died) – Respondent
| Table of Content |
|---|
| 1. nature of landlord-tenant relationship and obligations. (Para 4 , 5 , 13) |
| 2. implications of eviction notices under the transfer of property act. (Para 16 , 17 , 20) |
| 3. distinction between tenants holding over and tenants at sufferance. (Para 19 , 22 , 24) |
| 4. allowed legal actions for one co-owner against a tenant. (Para 25 , 26 , 27 , 28) |
| 5. conclusion dismissing appeal based on substantial questions of law. (Para 30 , 32 , 33) |
JUDGMENT :
SUBBA REDDY SATTI, J.
1. The defendant in the suit filed the above second appeal against the judgment and decree dated 22.08.2022 in O.S.No.100 of 2014 on the file of Additional Judge (Senior Division), Srikakulam confirmed by the judgment and decree dated 25.02.2025 in A.S.No.13 of 2023 on the file of Special Judge for Trial of Cases under SCs & STs (POA) Act-cum-IV Additional District Judge, Srikakulam.
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2. For brevity, the parties herein are referred to as per their status in the suit.
3. The deceased 1st plaintiff filed suit O.S.No.100 of 2014 against the defendant seeking eviction. Pending the suit, the sole plaintiff died, and his son, being the legal representative, came on record as 2nd defendant.
4. Facts, in brief, as set out i
A tenant who continues occupation after lease expiry without payments is a tenant at sufferance and not holding over; an eviction suit serves as notice to quit.
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.
A tenant cannot dictate a landlord's needs; once a tenancy is terminated by notice, the tenant's status may shift to tenant at sufferance, allowing for eviction.
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 case established the importance of evidence in establishing the relationship of landlord and tenant, and the liability for non-payment of rent under the Bihar Building (Lease, Rent & Eviction) Co....
Landlord-tenant relationship established as a lease under the Transfer of Property Act; valid termination notice suffices for recovery of possession, regardless of alleged arrears.
Upon the expiration of a lease, if not renewed, the tenancy reverts to a month-to-month basis, which can be terminated with proper notice.
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