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MARLI VANKUNG
State Bank of India, Through the Assistant General Manager – Appellant
Versus
Thanhlira Hauva, S/o. Hauva (L) – Respondent
JUDGMENT :
1. Heard Mr. Zodinpuia Hnamte, learned counsel for the appellants along with Mr. Lalfakawma, learned counsel for the respondent.
2. This is an appeal under Order 41 r/w Section 96 of the Code of Civil Procedure, 1908 as well as Section 17 of the Mizoram Civil Courts Act, 2005 against the impugned Judgment & Order dated 13.12.2021 passed by the learned Senior Civil Judge-IV, Aizawl District, Aizawl in Money Suit No. 9/2016.
3. Facts of the case in a nutshell is that the appellants had executed an Agreement dated 01.08.2006 with the respondent that the first floor of the property of the respondent which comprises of an area of 2000 sq.ft., would be rented by the appellants @Rs. 18,000/-(Rupees eighteen thousand) only, for a period of 5 years (i.e. till 01.08.2011). The agreement was subject to renewal for a further period from the date of expiry. However, after the expiry date of the rental agreement, no rental agreement or renewal or extension of rental agreement was made between the parties. The appellants had in an effort to shift the premises in a area within Zarkawt h
Intentional overstay by the appellants and delay in responding to the landlord's requests justified the award of enhanced rent. The court's power to avoid multiplicity of proceedings was exercised to....
The court affirmed that landlords can seek fixation of fair rent under statutory law even during the existence of a long-term lease agreement.
In determining the fair and equitable rent for a long-standing tenancy, the Court should consider various factors such as the special relationship between the parties, the surrounding circumstances, ....
Mere recommendation of Board of Officers, which has not been agreed to by the tenant in this case, does not form a binding contract between landlord and tenant.
The court affirmed the validity of a lease agreement and outlined that the burden of proof for its alleged forgery lies with the disputing party, establishing principles of contract law related to da....
The landlord-tenant relationship, the landlord's bona fide need, and the rent amount were key legal principles established in the judgment.
when a suit is filed for eviction of a tenant for being a defaulter in payment of rent, can the tenant thereafter file an application for fixation of rent.
The main legal point established in the judgment is the determination of mesne profits for unauthorized use and occupation of premises by a tenant, and the court's authority to decree recovery of suc....
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