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S. SOUNTHAR
Sourashtra High School Council – Appellant
Versus
Sourashtra Girls Vidya Sangam – Respondent
JUDGMENT :
S. SOUNTHAR, J.
PRAYER: Second Appeal filed under Section 100 of C.P.C. against the judgment and decree dated 19.01.2007 passed by the I Additional Sub-Judge, Madurai in A.S.No. 226 of 2006 reversing the judgment and decree dated 26.07.2006 passed in O.S.No. 1698 of 2004 on the file of the I Additional District Munsif, Madurai Town.
1. The appellant filed a suit for recovery of possession against the respondent and also for recovery of damages for use and occupation. The appellant also sought for an injunction restraining the respondent from effecting any alterations or additions in the suit property. The suit was decreed as prayed for by granting decree for recovery of possession and injunction. As far as prayer for profits are concerned, the trial Court relegated the plaintiff for separate proceedings. Aggrieved by the said judgment and decree, the respondent/defendant filed an appeal. The first appellate Court allowed the appeal by reversing the findings of the trial Court. Aggrieved by the same, the plaintiff is before this Court.
The averments found in the plaint:
2. According to the plaintiff society, the suit building belonged to it and the same was let out to the resp
The nature of payments in landlord-tenant relationships is determined by the substance of the transaction, not the terminology used, and the absence of a registered gift deed invalidates claims of ow....
In eviction suits, admitted landlord-tenant relationship estops tenant from denying title; landlord needs only prove relationship and grounds, not ownership. Open land leases not protected by rent co....
The main legal point established in the judgment is the application of Section 106 of the Transfer of Property Act, 1882, to establish the existence of the oral tenancy and the bonafide requirement o....
The court held that the suit for possession was not maintainable due to the absence of a verified landlord-tenant relationship and that the relevant rental amount fell below the jurisdiction of the D....
The main legal point established in the judgment is that concurrent findings of facts and law recorded by the lower courts cannot be interfered with unless they are found to be perverse to the extent....
A tenant cannot challenge the ownership of the landlord while concurrently asserting adverse possession; such defenses are mutually exclusive under established legal principles.
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