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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIBHU BAKHRU, C.J., C.M. POONACHA
Sarojamma, Wife Of Late Ramu – Appellant
Versus
Pallickamalil Cinema Company Pvt. Ltd, Rep. By Its Managing Director Mr. Aby Tom Nicholson – Respondent
| Table of Content |
|---|
| 1. condonation of delay in filing appeal (Para 1 , 2 , 3 , 4 , 5) |
| 2. details of rental agreements and obligations (Para 6 , 7 , 8 , 9 , 10) |
| 3. termination of lease and conditions (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. issues framed for determination (Para 18 , 19) |
| 5. arguments of parties regarding claims (Para 27 , 28) |
| 6. analysis of lease termination and obligations (Para 29 , 30 , 31 , 32 , 33) |
| 7. tenant's rights regarding possession and rent (Para 62 , 63 , 64 , 68 , 69) |
| 8. conclusion and orders of the court (Para 87 , 88 , 89) |
JUDGMENT :
VIBHU BAKHRU, C. J.
1. For the reasons stated in the application―I.A.No.1/2025, the same is allowed. The delay of twenty five days in filing the appeal is condoned.
2. The appellants have filed the present appeal under Section 13 (1A) of the Commercial Courts Act, 2015, impugning a judgment and decree dated 16.11.2024 [impugned order delivered by the Court of LXXXVII Additional City Civil and Sessions Judge, Bengaluru [Commercial Court] in Com.O.S.No.124/2023.
3. The appellants [hereafter also referred to as plaintiffs] had filed the said suit, inter alia, seeking a decree for eviction and for recovery of a sum of `1,76,20,040.25/- (Ru
Lessee cannot withhold possession post-termination for non-refund of security deposit; COVID-19 pandemic effects justify suspension of rent obligations for specified duration.
The ruling establishes that COVID-19 lockdown constituted a Force Majeure event, justifying non-payment of rent and validating lease termination under specified contractual terms.
The court held that the COVID-19 pandemic constituted a force majeure event under the Lease Deed and that the defendants were entitled to the benefit of the force majeure clause insofar as payment of....
The inability to perform contractual obligations due to the pandemic does not absolve a party from responsibility if they have capacity to pay; pandemic-related protections apply strictly to inabilit....
The determination of the Lease Agreement's nature and the establishment of a prima facie case for restraining the respondent from acting on the Termination Notice were central legal points in the jud....
Occupancy under a void lease due to failure to notify vacancy is invalid as per rental regulations.
The main legal point established in the judgment is that the court has the jurisdiction to direct payment of admitted rent or usage charges during the pendency of a suit, and the landlord is entitled....
The acceptance of rents irregularly by the landlord does not amount to waiver of the right to terminate the lease, and the provisions of the Rent Control Act do not apply to the case.
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