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REKHA BORANA
Ratan Lal S/o Paras Ram Samdani Maheshwari – Appellant
Versus
Satyanarayan S/o Bhagat Ram Somani Maheshwari – Respondent
JUDGMENT :
1. The present first appeal has been filed against the impugned judgment and decree dated 05.08.2022 passed by the Additional District Judge, No.1, Chittorgarh, Camp Kapasan in Civil Original Suit No.26/2014 (CIS No.815/2014) whereby the suit for eviction and arrears of rent as filed by the plaintiff has been decreed.
2. The suit for eviction was preferred by the respondent – plaintiff with an averment that the shop in question was rented out to defendant Ratan Lal on rent @ Rs.6,000/-per month. As he wanted to raise one more floor, he sought permission from the municipality for the same and therefore, wanted the premise to be vacated. Notice dated 04.10.2013 in terms of Section 106 of the Transfer of Property Act, 1882 (for short ‘the Act of 1882’) for termination of tenancy was served on the defendant which was received by him on 14.10.2013. Vide the said notice, the tenancy was terminated w.e.f. 31.10.2013. But even after the said termination, the tenant did not vacate the premise and hence the suit for eviction was filed. It was also averred that the tenant had las
Validity of termination notice under Section 106 of the Transfer of Property Act and determination of mense profits.
The validity of a notice to quit under Section 106 of the Act of 1882 and the applicability of relief against eviction under Section 114.
The main legal point established in the judgment is that the suit for eviction was within the limitation period of 12 years from the date of determination of tenancy, as prescribed under Article 67 o....
The main legal point established in the judgment is the application of Section 106 of the Transfer of Property Act, 1882, to establish the existence of the oral tenancy and the bonafide requirement o....
The Court's power to dismiss a suit under Order VII, Rule 11 of the Code of Civil Procedure, 1908 is limited to cases where there is no definite evidence with regard to the quantum of monthly rent.
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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