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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
R. Gangamma S/o Late Shri R. Ranganna – Appellant
Versus
R.V. Someswaran S/o Late Shri Venugopal – Respondent
| Table of Content |
|---|
| 1. appeal against trial court's decree. (Para 1 , 2 , 3) |
| 2. lease and tenancy background established. (Para 4 , 5 , 6) |
| 3. court’s analysis of binding decree. (Para 8 , 9 , 12) |
| 4. controversy over sub-lessee's rights. (Para 10 , 11) |
| 5. sub-lessee's rights contingent on main lease. (Para 14 , 15 , 18) |
| 6. establishment of the decree’s binding nature. (Para 16 , 17) |
| 7. abuse of process declared; judgment final. (Para 20 , 21) |
JUDGMENT :
K.S. HEMALEKHA, J.
1. The present appeal is preferred by defendant No.1 assailing the judgment and decree dated 05.08.2024 passed in O.S.No. 1959/2017 on the file of I Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as ‘the trial Court’ for short).
2. By the impugned judgment and decree, the trial Court decreed the suit filed by the plaintiff and (i) declared that the judgment and decree dated 08.09.2016 passed in O.S.No.3084/2013 on the file of the V Additional City Civil and Sessions Judge, Bengaluru, is not binding on the plaintiff (2) restrained the defendants from causing interference or obstruction to the plaintiff’s peaceful possession and enjoyment of the suit schedule ‘B’property, until he is evicted under due
A sub-lessee is bound by a decree against the original lessee, regardless of prior participation in legal proceedings, and claims against lessees are enforceable against successors.
(1) Abatement of suit—After abatement of first suit no fresh suit could be brought on same cause of action.(2) Right to future rent—Right to realise future rent and profit from an immoveable property....
The main legal point established in the judgment is that a decree of possession can be granted based on admissions made by the respondents, and the application under Order 12 Rule 6 of the CPC for pa....
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.
In leases of open land, occupants inducted by lessee into self-erected structures are licensees without independent rights; must vacate upon lessee eviction decree, delivering vacant land; no sub-ten....
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