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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
Munipoojappa, Since Deceased By His Lr. Sri Maninanjappa – Appellant
Versus
Akash Zingade, S/o Z.B. Kasinath – Respondent
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| 1. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
JUDGMENT :
K.S. HEMALEKHA, J.
The present appeal is preferred by the defendant assailing the judgment and decree dated 28.06.2024 in O.S.No.8382/2015, on the file of the XLIV Additional City Civil and Sessions Judge, Bengaluru (‘trial Court’ for short). By the judgment and decree, the trial Court decreed the suit of the plaintiff seeking ejectment, possession and damages.
Plaint averments
2. The plaintiff asserted that he is the absolute owner of the suit schedule property by virtue of the registered sale deed dated 21.05.2010 executed through his father, who had earlier acquired rights under an agreement of sale and GPA from late M. Narayanappa. That after his purchase, Katha was mutated in his name and he has been paying taxes. The defendant was inducted as a tenant in the suit schedule property on monthly rent of Rs.600/-, but after the termination of tenancy by a quit notice dated 19.06.2013, the defendant failed to vacate and continued in unauthorised occupation. Further that the defendant has even sublet the portions of the property and is collecting rents. The lease agreement relied upon by
The tenant cannot deny the landlord's title once the property is transferred under the Transfer of Property Act, as established by the court's findings.
A tenant who has not responded to eviction notices and continues occupancy cannot later dispute the title of the new owner, solidifying the principle that a tenant's obligation persists despite owner....
A landlord may obtain eviction based on general title even without strict proof of tenancy; the burden of proof lies on the defendant for any contrary claim.
The plaintiffs must establish their title to claim possession, and lack of evidence to support damages claim leads to dismissal.
The 'doctrine of estoppel' rendered the objection relating to the maintainability of the suit based on tenancy rights untenable.
A sale deed establishes the landlord-tenant relationship, and non-payment of rent justifies eviction under specified legal provisions.
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