Back
P. S. DINESH KUMAR, C. M. POONACHA
Punjab National Bank – Appellant
Versus
Srinivasa Enterprises – Respondent
JUDGMENT :
POONACHA, J.
This appeal is filed under Section 96 of Code of Civil Procedure, 1908 (for short 'CPC') by the Defendant challenging the judgment and decree dated 20.12.2018 passed in O.S. No.16840/2006 by the XXVI Additional City Civil & Sessions Judge At Mayo Hall, Bengaluru (CCH - 20) (for short 'the Trial Court'), whereunder the suit filed for recovery of money was partly decreed.
2. For the sake of convenience, the parties will be referred to as per the rank before the Trial Court.
3. The Plaintiff has filed the instant suit in O.S. N.16840/2006 for recovery of a sum of Rs.9,34,924 together with interest @ 18% per annum from the date of suit till the date of realisation. It is the case of the Plaintiff that it is the owner of the suit property and had let out the same to Nedungadi Bank (the predecessor in interest of the Appellant/Defendant) on a monthly rent of Rs.13,574/- and refundable advance of Rs.81,444/-. The tenancy was renewed as per Lease Agreement dated 23.09.2022 for a period of five years on monthly rent of Rs.23,144/- w.e.f. 01.09.1998 with an option to
The main legal point established in the judgment is that the suit for eviction was within the limitation period of 12 years from the date of determination of tenancy, as prescribed under Article 67 o....
[The court established that a tenant's failure to pay rent for more than two consecutive months constitutes grounds for eviction under the Bihar Building (Lease, Rent and Eviction) Control Act, and t....
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.
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....
A lease deed not registered creates a month-to-month tenancy; urgent interim relief suits are exempt from mandatory pre-institution mediation.
The registered Addendum Lease Deed prevails over the unregistered MoU, and the trial Court's order on rent determination is upheld based on tenant admissions.
The main legal point established in the given judgment is that the relationship between landlord and tenant must be proved, the rate of rent must be established, and the absence of a registered subsi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
