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S. SOUNTHAR
Dibyendu Choudhur – Appellant
Versus
M. Alli – Respondent
JUDGMENT
(Common Prayer: Civil Revision Petitions are filed under Section 25 of the Tamil Nadu Buildings Lease and Rent Control Act, praying to set aside the Judgement and Decree dated 11.09.2018 passed by the (Rent Control Appellate Authority) VIII Judge, Court of Small Causes at Chennai, in R.C.A.Nos.800 and 801 of 2017 reversing the Judgement and Decree dated 10.10.2017 in RCOP No.865 of 2013 and RCOP No.600 of 2008 on the file of XVI Judge, Small Causes Court, Chennai.)
Common Order:
1. These Civil Revision Petitions are arising out of rent control proceedings. The tenant is the revision petitioner. The respondent/landlady filed a petition for eviction on the ground of wilful default and also petition for fixation of fair rent. Both the petitions filed by the respondent were dismissed by the Rent Controller on the ground there was no jural relationship of landlord and tenant. Aggrieved by the same, the respondent preferred two rent control appeals. The appeal against the dismissal of eviction petition was partly allowed by setting aside the finding of Rent Controller with regard to jural relationship. The appellate authority held that the jural relationship of landlord and tenant
It is settled law that, if no document evidencing fact of tenancy is given and if it is an oral tenancy, same has to be considered on merits.
An unregistered agreement to sell does not terminate the landlord-tenant relationship unless explicitly stated, and cannot be used to influence substantive rights under the Indian Registration Act.
The execution of an agreement of sale does not terminate the landlord-tenant relationship if rent continues to be paid, and evidence from a power of attorney holder is admissible if supported by docu....
A tenant must establish timely rent payments to avoid eviction; separate attornment of tenancy is unnecessary upon property transfer.
The possession of the premises remained that of a tenant, and the tenant's claim of ownership based on an unregistered ATS was untenable in law.
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
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....
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