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V. BHAVANI SUBBAROYAN
Chandiran – Appellant
Versus
Lourdu Marie Santho (Died) – Respondent
JUDGMENT
(Prayer: Civil Revision Petition filed under Section 25 of Pondicherry Building Lease and Rent Control Act, 1980, praying to set aside the judgmet and decree dated 21.02.2020 passed in RCA.No. 39 of 2018 on the file of the Second Additional District Judge, Puducherry, confirming the fair order and decretal order dated 31.10.2018 passed in RCOP. No. 51 of 2012 on the file of the Court of Rent Controller-II, Puducherry.)
1.The revision petitioner suffered an order of dismissal dated 31.10.2018 passed by the learned Rent Controller in RCOP. No. 51 of 2012 and it was also confirmed by the Appellate Authority in RCA.NO. 39 of 2018 dated 21.02.2020. Aggrieved by the concurrent orders of dismissal, the present Civil Revision Petition is filed.
2.As per the averments in RCOP. No. 51 of 2012, the revision petitioner has purchased the property in question by means of a registered sale deed dated 27.03.2012, registered as Document No. 1732 of 2012 on the file of District Registrar, Pondicherry, executed by Smt. Rajalakshmi, Daughter of late. Kandasamy and others. According to the revision petitioner, the property in question was originally owned by one Kandasamy. The property was allott
The court has the jurisdiction to examine the bonafide or malafide denial of title by the tenant and can go into the question of title. An unregistered agreement of sale does not confer any right, ti....
The main legal point established in the judgment is the validity of the rental agreement and the consequences of non-payment of rent under the Tamil Nadu Buildings [Lease and Rent Control] Act, 1960.
The tenant must provide substantial evidence to support the denial of the landlord's title as per the provisions of the Kerala Buildings (Lease & Rent Control) Act, 1965.
As per the first proviso to Section 11(1), nothing contained in this Section shall apply to a tenant whose landlord is State Government or Central Government or other public authority notified under ....
The main legal point established in the judgment is the principle of estoppel, where the tenant's acceptance of the landlord's ownership through various actions and documents led to the dismissal of ....
Ownership does not automatically establish a landlord-tenant relationship without evidence of rent agreements or payments, as confirmed by the Chhattisgarh Rent Control Act, 2011.
The court clarified that a tenant's denial of a landlord's title may be assessed for bona fide elements; erroneous and perverse findings from lower authorities warrant court intervention.
Attornment by lessee is not necessary for transfer of property leased out to him.
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