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V. KAMESWAR RAO
Rishi Rathi – Appellant
Versus
Rishi Rathi – Respondent
JUDGMENT :
V. KAMESWAR RAO, J.
CM APPL. No. 19608/2022
For the reasons stated in the application, the same is allowed and the documents being legal notice dated January 14, 2008, and written agreement to sell dated February 02, 2010, are taken on record.
The application is disposed of.
RFA No. 167/2022
1. This appeal has been filed by the appellant against the judgment/decree dated December 23, 2021, whereby the Trial Court has granted the possession of flat bearing No. 1230/D-1, Vasant Kunj, New Delhi-110070 (for short ‘suit property’) in favour of the respondent herein in an application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (for short ‘CPC’) filed by the respondent/plaintiff (hereinafter referred as ‘respondent’).
2. The facts as noted from the record are that the respondent has filed a suit for recovery of possession, arrears of rent, damages for use of occupation, and for permanent and mandatory injunction against the appellant/defendant (hereinafter referred as ‘appellant’). The case of the respondent in the suit was that the property was originally owned by her father, Late Sardar Sujan Singh, who died on February 08, 2007, leaving behind a registered Will date
Ownership of property is transferred upon execution of a sale deed; possession cannot be denied based on unpaid sale consideration.
The essential ingredients for adverse possession must be pleaded clearly, and long possession alone is not sufficient to establish adverse possession.
(1) Tenant-Landlord relationship cannot come to an end on execution of Agreement to Sell – Even if consideration has been exchanged purchaser does not become owner of property till the time registere....
Establishing adverse possession requires clear, unambiguous evidence of hostile intent and disclosure of all necessary details; mere long possession without asserting hostile rights does not suffice.
The court emphasized the importance of lease deeds in establishing the landlord-tenant relationship and upheld the statutory rights of the landlord under the Transfer of Property Act and Commercial C....
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.
The court emphasized that the defense of adverse possession cannot be claimed if it is contradictory to the main defense of ownership, and that the benefit under section 53A of the TPA can only be cl....
Point of law: Termination of lease - Default in payment of rent - Oral Agreement to sell - Prime property fetching a rent of Rs. 2,30,000/- per month cannot possibly be agreed to have been sold for a....
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