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R. KALAIMATHI
Y. Davidson (Died) – Appellant
Versus
Nagercoil Home Church CSI, Rep. by its Secretary S. Euztace Nayagom, Kanyakumari – Respondent
JUDGMENT
(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 03.09.2003 in A.S.No.68 of 2002 on the file of the District Judge, Kanyakumari at Nagercoil confirming the Judgment and Decree dated 22.02.2002 in O.S.No.845 of 1987 on the file of the Principal District Munsif, Nagercoil.)
1. Being aggrieved by the Judgment of the First Appellate Court namely District Court, Kanyakumari at Nagercoil in A.S.No.68 of 2002 dated 03.09.2003, the first defendant, Y.Davidson has preferred this Second Appeal.
2. For the sake of convenience, parties are referred to as per their litigative status before the Trial Court.
3. On behalf of Nagercoil Home Church CSI, a suit was laid against Davidson, Syed Mohamed, Daniel and Chelladurai for recovery of possession of plaint schedule properties - non residential building bearing Door Nos.679 and 680 from the defendants 1, 2 and 4 and for permanent injunction restraining the first defendant from evicting the third defendant from the plaintiff's shop No.681 as per the Judgment in O.S.No.527 of 1984 and for future mesne profits.
4. According to the plaintiff, the lease has expired on 27.10.1986 by
The acceptance of rent after the expiration or determination of the lease does not create a new tenancy and does not afford ground for holding that the landlord had assented to a new contractual tena....
Every sovereign legislature possesses the right to make retrospective legislation. The power to make laws includes power to give it retrospective effect.
The main legal point established in the judgment is the interpretation and application of the provisions of Section 106 of the Transfer of Property Act, 1882, specifically regarding tenant holding ov....
Acceptance of rent by a landlord after the issuance of a quit notice does not amount to a waiver of the notice or a renewal of the lease unless there is express or implied consent from the landlord.
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.
A tenant forfeits tenancy rights by disputing the true owner's title. Acceptance of rent post-forfeiture does not constitute waiver of the right to evict.
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