Back
DELHI HIGH COURT
REKHA PALLI
Miric Biotech Ltd. – Appellant
Versus
Anil Kumar Aggarwal – Respondent
| Table of Content |
|---|
| 1. application for recall of consent order. (Para 1) |
| 2. parties' positions on appeal proceedings. (Para 2 , 3) |
| 3. overview of the appeal’s basis. (Para 5 , 6) |
| 4. arguments regarding lease and tenant rights. (Para 7 , 8 , 9 , 10 , 12) |
| 5. defendant’s claims against plaintiff’s ownership. (Para 11 , 14 , 15) |
| 6. court’s response to defendant's appeals. (Para 16 , 18) |
| 7. final order and execution permission. (Para 19) |
JUDGMENT
Rekha Palli, J. (Oral)
CM APPL. 45117/2022
1. This is an application preferred by the appellant seeking recall of order dated 25.08.2022 vide which the appeal was disposed of by a consent order by granting time to the appellant to vacate the suit premises, subject to payment of mesne profits as also filing an undertaking in terms of the said order.
2. The appellant has, admittedly, not complied with the said order and has instead moved the present application on the ground that since the respondent tried to get his electricity connection disconnected, which connection was restored only pursuant to orders passed in a writ petition preferred by the appellant, he was not able to use the suit premises and therefore, now seeks adjudication of the appeal on
A tenant cannot challenge the title of the property once they acknowledge the ownership transfer; the relationship between landlord and tenant must be respected.
Possession can be decreed under Order XII Rule 6 CPC when there is an admission of tenancy, despite disputes over rent or security. Lack of evidence supporting claims weakens the tenant's position.
The admission of tenancy and the legal notice served by the plaintiffs justified the decree for possession. Lack of evidence to support the appellant's plea regarding the monthly rent led to its reje....
A tenant cannot claim ownership or protection against eviction based on an unregistered oral agreement. The jural relationship of landlord and tenant persists until surrender of possession, and the d....
A plaint must be read meaningfully to determine if it discloses a cause of action; issues of jurisdiction and limitation are to be resolved at trial.
A party cannot assert ownership via a sale deed if the seller has previously conveyed the property, and tenancy termination must follow proper notice.
A tenant cannot challenge the ownership of the landlord while concurrently asserting adverse possession; such defenses are mutually exclusive under established legal principles.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
