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SACHIN SHANKAR MAGADUM
Giridharasa, S/o. Narayanasa Kategar – Appellant
Versus
Jagadguru Gangadhar Dharma, Pracharak Mandali, Sole Trustee Sri. Gurusiddaraj Yogendra Mahaswamigalu, Guru Gangadhar Rajyogendra, Mahaswamigalu Moorusavirmath, Represented By Its GPA Holder Sri. Anandgouda S/o. Basanagouda Patil – Respondent
ORDER :
1. The captioned civil revision petition is filed by the petitioner/defendant challenging the order dated 20.12.2018 passed in S.C.No.35/2015 by the III Additional Senior Civil Judge and JMFC, Hubballi whereby the suit of the respondent/plaintiff is decreed directing the petitioner herein to vacate and handover the suit premises.
2. The facts leading to the case are as under:
The respondent/plaintiff instituted a suit a for eviction of vacant possession of suit schedule property and also claimed mesne profits at the rate of Rs.5,000/-p.m. from the date of termination of tenancy till handing over of vacant possession of the suit schedule property. The respondent/plaintiff claims that he is the owner of the suit schedule property and plaintiff being a holy and spiritual institution is conducting various educational and religious activities for the welfare of the Society. It is further pleaded in the plaint that it owns educational institutions and commercial complex and has inducted tenants to run their business according to the agreements entered into by the parties. The respondent/plaintiff has specifically contended that the present petitioner/defendant is a tenant under t
The main legal point established in the judgment is that the validity of lease termination and quit notice must be judged in accordance with the provisions of Section 107 of the Transfer of Property ....
If a registered lease deed is executed and if no option is reserved to landlord to determine lease, in such cases, lease stands terminated by efflux of period mentioned therein and not at unilateral ....
Court ruled valid termination of tenancy under the Transfer of Property Act due to failure to vacate and non-payment, reinforcing the burden of proof on defendants regarding court fee issues.
The main legal point established in the judgment is the significance of clear and unambiguous admissions in passing judgment under Order XII Rule 6 of the CPC, and the necessity of a full-fledged tri....
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.
A fixed-term lease requiring mutual agreement on rent for renewal terminates by efflux of time if such agreement is not reached. Appellate intervention is mandatory when a lower court interprets such....
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.
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