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D. DASH
Devi Tent House – Appellant
Versus
Prafulla Chandra Patra – Respondent
JUDGMENT
D.Dash, J.
The Appellant, by filing this Appeal under Section-100 of the Code of Civil Procedure, 1908 (for short, 'the Code'), has assailed the judgment and decree dated 25.08.2023 and 04.09.2023 respectively passed by the learned District Judge, Khurda-at Bhubaneswar in R.F.A. No.325 of 2022 confirming the judgment and decree dated 28.11.2022 & 03.12.2022 respectively passed by the learned Senior Civil Judge, (LR & LTV), Bhubaneswar in Civil Suit No.215 of 2021.
The Respondent as the Plaintiff had filed the suit for eviction of the Appellant (Defendant) from the suit house seeking further relief of realization of arrear house rent and damage. The suit having been decreed, the Appellant being the aggrieved Defendant under the sufferance of the said judgment and decree passed by the Trial Court had carried Appeal under section-96 of the Code. The Appeal has been dismissed. Hence, the present Second Appeal is at the instance of the Defendant who has been unsuccessful before the Trial Court as well as the Appellate Court.
2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned
The validity of termination of tenancy under Section 106 of the Transfer of Property Act is upheld when proper notice is given and the tenant fails to contest the eviction suit.
Eviction of tenant can be resorted to after due termination of tenancy.
Acknowledgment of tenancy and participation in legal proceedings can waive the necessity for service of termination notice under the Transfer of Property Act, allowing for lawful eviction.
Landlord-tenant relationship established as a lease under the Transfer of Property Act; valid termination notice suffices for recovery of possession, regardless of alleged arrears.
The central legal point established in the judgment is that the nature of a tenant's possession cannot be automatically changed to that of a proposed vendee without surrendering possession to the lan....
A suit for eviction under general law serves as adequate notice under the Transfer of Property Act, thus fulfilling statutory requirements for eviction and addressing issues of maintainability despit....
The court affirmed that a lease is terminated by efflux of time and issuance of quit notices, leading to unauthorized possession by the tenant, with no substantial question of law for appeal.
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....
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