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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
Tabasum Sajjad W/o Syed Sajjad Ahmed Saleh – Appellant
Versus
H. Diwakar Shetty S/o Late Mahabala Shetty – Respondent
| Table of Content |
|---|
| 1. ownership and tenancy agreements (Para 1 , 2 , 3) |
| 2. failure to prove lawful termination of tenancy (Para 4 , 5) |
| 3. importance of judicial scrutiny on damages claim (Para 8 , 9) |
JUDGMENT :
K.S. HEMALEKHA, J.
1. This Regular First Appeal is filed by the plaintiff calling in question the judgment and decree dated 19.09.2016 passed in OS No. 7677/2007 by the III Additional City Civil and Sessions Judge, Bengaluru (‘the trial Court’ for short) whereby the suit for ejectment and damages came to be dismissed.
Plaint averments:
2. The plaintiff states that she is the owner and landlord of the suit schedule property being a basement car parking area forming part of the property bearing No. 48, Hospital Road, Bengaluru (‘suit property’). The defendant was inducted into possession initially under the lease deed dated 21.08.2004 and subsequently under a lease agreement dated 09.06.2006 each for 11 months. It was specifically pleaded that the premises, though meant for parking was temporarily let out on humanitarian grounds, subject to conditions and that the defendant agreed to vacate on expiry of the lease period. It is further averred that repeated requests and reminders were is
Court emphasized the need for adjudication of damages for unauthorized occupancy post-lease expiry, asserting that procedural technicalities should not hinder substantive justice.
A simple tenancy can be terminated by service of notice under Section 106 of the Transfer of Property Act, and once a valid notice is served, the possession of the tenant becomes illegal and unlawful....
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.
Suit for possession and suit for claiming damages for use and occupation of property are two different causes of action.
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.
Mesne Profits – A tenant who once entered property in question lawfully, continues in possession after his right to do so stands extinguished, is liable to compensate landlord for such time period af....
The valuation of a suit for recovery of possession must comply with statutory provisions, and claims for mesne profits require a declaration of unauthorized occupation.
Landlord can obtain possession of premises upon clear admissions about tenancy relations and formal lease termination, regardless of tenant's claims of extensions based on rent acceptance.
After the termination of the lease, the tenant becomes liable to pay damages for use and occupation at the rate at which the landlord could have let out the premises, and a tenant in occupation after....
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