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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
Faisal Khan – Appellant
Versus
Leena Paulose – Respondent
| Table of Content |
|---|
| 1. relief sought by plaintiff (Para 2) |
| 2. defendant's claims and statements (Para 3) |
| 3. arguments from both parties (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 16) |
| 4. court's observations and evidence analysis (Para 12 , 13 , 19 , 20 , 21 , 23 , 24) |
| 5. legal decisions based on findings (Para 17) |
JUDGMENT :
The present suit has been filed for the following reliefs:-
b) Directing the defendant to pay the plaintiff, a sum of Rs.1,54,04,334/- towards rental arrears of Rs.1,31,63,334/- from 01.07.2021 till 28.06.2023 along with interest of Rs.22,41,000/- at 18% per annum from the due date till 28.06.2023;
d) directing the defendant to pay the plaintiff a sum of Rs.49,07,595/- towards GST of Rs.42,43,800/- from 01.07.2021 to 28.06.2023 along with interest of Rs.6,63,795/- at 18% per annum from the due date till 28.06.2023;
f)directing the defendant to pay future interest at the rate of 18% on the rental arrears of Rs.1,31,63,334/- being the principal sum from 29.06.2023 till the date of actual realisation;
h) directing the defendant to pay future interest at 18% per annum on the GST of Rs.42,43,800/- being the principal sum from 29.06.2023 till the date of actual realisation;
2. The averment
The court affirmed the validity of a lease agreement and outlined that the burden of proof for its alleged forgery lies with the disputing party, establishing principles of contract law related to da....
The court affirmed that ownership claims must be supported by documentary evidence, and the principle of preponderance of probability governs determinations of title and tenancy.
Mortgagees in possession of leased property are liable to pay rent to the lessor under the Transfer of Property Act, regardless of their claims of statutory possession.
A tenant cannot challenge the ownership of the landlord while concurrently asserting adverse possession; such defenses are mutually exclusive under established legal principles.
The burden of proof lies on the party asserting a claim, and failure to substantiate a tenancy claim results in dismissal of the appeal.
a tenant cannot challenge the title of the owner/landlord, and there is an estoppel in this regard, in terms of Section 116 of the Indian Evidence Act, 1872.
The main legal point established in the judgment is that the court has the jurisdiction to direct payment of admitted rent or usage charges during the pendency of a suit, and the landlord is entitled....
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