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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
M.Ali – Appellant
Versus
Dibyendu Choudhur – Respondent
| Table of Content |
|---|
| 1. review applications context and background (Para 1 , 2 , 3) |
| 2. arguments presented for reviewing jural relationship (Para 4) |
| 3. court's observations on judicial precedents and legal provisions. (Para 5 , 11) |
| 4. apex court's remarks on jural relationship and evidential issues (Para 6 , 7 , 8) |
| 5. implications of section 111 of tp act (Para 9 , 10) |
| 6. determination of tenancy and implied surrender (Para 12 , 13) |
| 7. limits of review applications (Para 14) |
| 8. dismissal of review applications (Para 15 , 16) |
JUDGMENT :
S. SOUNTHAR, J.
1. These Review Applications are filed seeking to review the order passed in C.R.P.(NPD)Nos.4224 and 4225 of 2018.
2. The main Civil Revision Petitions are arising out of Rent Control proceedings. The review applicant/ landlady filed petitions for eviction on the ground of wilful default and also for fixation of fair rent. Both the petitions filed by the review applicant were dismissed by the Rent Controller on the ground that there was no jural relationship of landlord and tenant. Aggrieved by the same, the review applicant preferred two Rent Control Appeals and the same were partly allowed by setting aside the findings of the Rent Controller with r
A sale agreement’s unregistered status does not negate prior landlord-tenant relationships unless expressly stated; implied surrender can determine tenancy cessation.
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.
Landlords need only establish a better title than the tenant in eviction proceedings, and the powers of review are confined to addressing patent errors without reappraising previously settled materia....
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....
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.
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.
As per the first proviso to Section 11(1), nothing contained in this Section shall apply to a tenant whose landlord is State Government or Central Government or other public authority notified under ....
The judgment emphasizes the importance of establishing the landlord-tenant relationship and complying with statutory provisions regarding rent payment and termination of tenancy.
Ownership does not automatically establish a landlord-tenant relationship without evidence of rent agreements or payments, as confirmed by the Chhattisgarh Rent Control Act, 2011.
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