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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G. UMA
Samyuktha Systems & Software Ltd., Represented By Its Chairperson Smt. Shobhana S. Rao., Wife Of Sri. J.S. Rao – Appellant
Versus
Shri Chitrapur Math, Represented Standing Committee, Sri. N. Muralidhar – Respondent
JUDGMENT :
M.G. UMA, J.
The appellant in these appeals being defendant No.1 in OS.Nos.7776/1998, 7775/1998 and 7777/1998 on the file of the learned XIV Additional City Civil Judge, Bengaluru (hereinafter referred as to 'the Trial Court' for short), is impugning the judgment and decree dated 26.02.2010, decreeing the suit of the plaintiff for possession and for arrears of rent and directing defendant No.1 to vacate the premises and to hand over the vacant possession to the plaintiff within four months from the date of judgment and also to pay the arrears of rent and continue to pay the periodical rent.
2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court.
3. Brief facts of the case are that, the plaintiff filed the suit OS.No.7776/1998 before the Trial Court against the defendants seeking vacant possession of Schedule-B property and for arrears of rent and other dues i.e., a sum of Rs.58,772/- with interest at 18% per annum till realisation and also to pay periodical rent during the pendency of suit. Schedule-B attached to the plaint describes 1,870 sq.feet of office space identified as No.6-C on the 6th floor of the multi
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The court affirmed that a tenant's agreement to revised rent constitutes acknowledgment of arrears, and failure to provide evidence for a full settlement negates defenses regarding non-payment.
The main legal point established in the judgment is that the suit was maintainable under the Indian Trusts Act, as the defendant failed to prove the absence of a jural relationship between the partie....
Mortgagees in possession of leased property are liable to pay rent to the lessor under the Transfer of Property Act, regardless of their claims of statutory possession.
A judgment on admission under Order 12, Rule 6 of the CPC requires a clear and unequivocal admission by the defendant, which was not present in this case.
The validity of a notice under Section 106 of the Transfer of Property Act is upheld, confirming the landlord's right to evict despite acceptance of rent post-termination.
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