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V. LAKSHMINARAYANAN
T. Parthasarathy – Appellant
Versus
Arulmighu Parthasarathy Swamy Thirukoil, Rep. By its Assistant Commissioner / Executive Officer, Chennai – Respondent
JUDGMENT
(Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 20.12.2007 made in A.S.No.573 of 207 on the file of the III-Additional City Civil Court, Chennai, confirming the judgment and decree dated 11.09.2006 made in O.S.No.7900 of 1998 on the file of the II-Assistant City Civil Court, Chennai.)
1. The defendant appeals against the order of ejectment passed by the II-Assistant City Civil Court, Chennai in O.S.No.7900 of 1998 dated 11.09.2006, which was confirmed by the III-Additional City Civil Court at Chennai in A.S.No.573 of 2007 dated 20.12.2007.
2. The facts leading to the appeal are that the plaintiff / Arulmighu Parthasarathy Swamy Thirukoil represented by its Assistant Commissioner / Executive Officer is the owner of the suit schedule mentioned property. The tenancy was granted in favour of one G.G.Thiruvengdam Pillai for a monthly rent of Rs.12/-. The said Thiruvengadam Pillai passed away in the year 1980. Thereafter, the tenancy was not transferred in the name of his legal heirs. The appellant without permission of the landlord / Temple authorities started putting up construction over the existing ground and first floor. Immediat
The central legal point established in the judgment is that unauthorized construction by a tenant, in breach of Section 108(b) of the Transfer of Property Act, can lead to eviction based on a valid n....
Unauthorized construction by a tenant without landlord consent constitutes a valid ground for eviction under tenancy laws.
Landlord-tenant relationship established as a lease under the Transfer of Property Act; valid termination notice suffices for recovery of possession, regardless of alleged arrears.
The subsequent purchase of a building by the plaintiff in the near vicinity after the passing of a decree on the ground of reasonable requirement by the First Appellate Court raises a question as to ....
Point Of Law : Tenancy is only in respect of the land and the building was constructed by the tenant, the authorities under the Tamil Nadu Buildings (Lease and Rent Control) Act, will not have jurisd....
In Haryana, filing an eviction suit serves as a sufficient notice to quit, and strict compliance with Section 106 of the Transfer of Property Act is not required.
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