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S. S. SUNDAR, K. RAJASEKAR
K. Abdul Samad – Appellant
Versus
St. Peters Church, Royapuram – Respondent
JUDGMENT :
S.S. SUNDAR, J.
Prayer: Original Side Appeal filed under Order 36 Rule 1 of Original Side Rules read with Clause 15 of Letters Patent Act to set aside the judgment and decree dated 04.11.2022 in C.S. No. 121/2003 passed by this Court.
1. The above appeal is directed against the judgment and decree of the learned Single Judge dated 04.11.2022 decreeing the suit in C.S. No. 121/2003.
2. The defendants in the suit in C.S. No. 121/2003 are the appellants in the above Original Side Appeal preferred as against the judgment and decree dated 04.11.2022 in C.S. No. 121/2003, directing the appellants/defendants to vacate the suit premises and hand over vacant possession of the premises to the plaintiffs after removing all the constructions put up therein within three months and to pay past damages to the tune of Rs.1,75,000/- for occupation of the property from 01.07.2002 to 31.01.2003 and to pay future damages at the rate of Rs.25,000/- per month from 01.02.2003 till the date of handing over the vacant possession of the suit property.
3. The 1st respondent as plaintiff, filed the suit in C.S. No. 121/2003 against the appellants herein, who are the legal heirs of late Mr. K.N. Kutty re
The court affirmed the landlord's right to terminate a lease upon expiration and demand reasonable rent, ruling that eviction suits do not require sub-tenants to be joined as parties.
The court upheld the eviction decree based on default in rent and unlawful subletting, emphasizing the necessity of compliance with rent control provisions.
If a registered lease deed is executed and if no option is reserved to landlord to determine lease, in such cases, lease stands terminated by efflux of period mentioned therein and not at unilateral ....
Landlord can obtain possession of premises upon clear admissions about tenancy relations and formal lease termination, regardless of tenant's claims of extensions based on rent acceptance.
Res Judicata – Rule of res judicata does not strike at root of jurisdiction of Court trying subsequent suit – It is a rule of estoppel by judgment based on public policy.
A co-owner can independently file for eviction under rent control laws, and the landlord's bona fide need for property use outweighs tenant hardship claims.
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