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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
VINOD CHATTERJI KOUL
Mohammad Alam Hakak, S/o Haji Ghulam Nabi Hakak – Appellant
Versus
Fatima Ajaz W/o Hakim Ajaz Ahmad Murtaza – Respondent
JUDGMENT ;
1. This appeal calls in question judgement and decree dated 20th June 2024 of the court of Second Additional Sessions Judge, Srinagar (for the sake of brevity hereinafter is called as “Trial Court”) that has decreed a civil suit titled as Fatima Ajaz v. Mohammad Alam Hakak and another, instituted by respondent herein (who shall, nevertheless, be hereinafter referred to as “plaintiff” as she originally had been named so before the Trial Court) against appellants herein (who shall be hereinafter referred to as “defendants” as had been originally called before the Trial Court) and exhorts setting-aside thereof.
2. I have heard learned counsel for parties. I have gone through the record and considered the matter.
Case of Plaintiff:
3. Plaintiff, Fatima Ajaz, thought it appropriate for redressal of her grievances to get her property back to file a civil suit. Her submission in the suit is that she is owner in possession of a residential house with land underneath and appurtenant thereto falling under Khasra no.3062, bearing Khewat no.563, Khata no.1385, situate at Mouza Zoonimar, Ali Pora Bagh, Ali Mardan Khan Industrial Area, Nowshera Tehsil Srinagar; front portion thereof compr
A tenant cannot dictate a landlord's needs; once a tenancy is terminated by notice, the tenant's status may shift to tenant at sufferance, allowing for eviction.
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.
In tenancy disputes, the admissibility of evidence, the application of procedural rules such as Order VIII Rule 10 CPC, and the need for exceptional circumstances for extension of time for filing wri....
If tenants fail to vacate said premises on expiry of tenancy period, tenants shall pay a sum of Rs.3,000/- per day towards penalty alongwith monthly rent to landladies.
A valid notice to quit under Section 106 of the Transfer of Property Act is mandatory to terminate a tenancy, regardless of original lease terms dispensing with such notice.
The acceptance of rent after lease termination does not create a new tenancy; the tenant's status becomes that of a trespasser, not a statutory tenant.
The central legal point established in the judgment is the interpretation and applicability of Section 116 of the Transfer of Property Act, 1882, particularly in cases where rent control legislation ....
Judgment on admissions may be granted under Order XII Rule 6 when the Defendant accepts the tenancy and terms of rent, despite challenges to ownership.
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