Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice S.S. Sundar, Mr. Justice P. Dhanabal, JJ
Benz Vaccations Club Public Limited – Appellant
Versus
Rayala Corporation Pvt. Ltd. – Respondent
JUDGMENT :
S.S. SUNDAR, J.
The above Original Side Appeals have been preferred by the defendants in the suit in C.S.No.113 of 2022 aggrieved by the dismissal of applications filed by them in A.Nos.4254 and 4255 of 2023 to set aside the ex parte decree dated 19.10.2022 in the suit in C.S.No.113 of 2022 and to condone the delay of 188 days in filing the written statement in the suit in C.S.No.113 of 2022.
2. Brief facts that are necessary for the disposal of these Appeals are as follows :
The respondents 1 and 2 are Private Limited Companies. The respondents filed the suit in C.S.No.113 of 2022 against the appellants for the following reliefs :
(a) directing the defendants to deliver and hand over vacant possession of the suit schedule mentioned premises i.e. The 2nd floor premises (measuring a built up area of 11,195 sq.ft. With 11 car parkings (six covered and 5 open car parkings and common amenities) of the premises called “Rayala Towers” bearing No.158 (781-785), Anna Salai, Chennai – 2.
(b) directing the defendants to pay the sum of Rs.1,93,30,946/- being arrears of rent, licence fee, maintenance charges and EB charges due till April 2022 (after deducting security deposit)
(c) directin
Defendants' failure to pay rent and lack of valid reasons for delay in filing written statement justified dismissal of applications to set aside ex parte decree.
Ex-parte proceeding – Even if a defendant does not file a written statement and suit is ordered to proceed ex-parte against him, limited defence available to defendant is not foreclosed.
An eviction order under the Kerala Buildings (Lease and Rent Control) Act must demonstrate the court's satisfaction regarding the landlord's bona fide claim, even in ex-parte proceedings.
The main legal point established in the judgment is that an ex-parte decree is to be set aside only if grounds therefor are made out and if such setting aside is necessary to enable the defendant to ....
The court has discretion to set aside ex-parte decrees and impose conditions, but the conditions should not be onerous or excessive.
The court clarified that an ex-parte decree can only be set aside if necessary to enable the defendant to contest the claim, and the absence of a defense justifies upholding the decree.
Eviction proceedings under the Goa Buildings (Lease, Rent & Eviction) Control Act are valid if the tenant fails to deposit rent as required, and the landlord's bona fide requirement can justify evict....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
