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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Rajesh Kumar – Appellant
Versus
Shamshud Bano – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and parties involved. (Para 1 , 2) |
| 2. factual background of tenancy agreement and claims. (Para 3 , 4 , 5 , 6) |
| 3. court's analysis of tenancy validity and eviction. (Para 7 , 11 , 12) |
| 4. substantial question of law regarding notice requirement. (Para 8 , 13) |
| 5. final conclusions and conditional order on eviction. (Para 14 , 15 , 16) |
JUDGMENT :
The Appellants, by filing this Appeal, under Section 100 of Code of Civil Procedure, 1908 (for short, ‘the Code’), have assailed the judgment and decree dated 26.03.2018 & 02.04.2018 respectively passed by the learned 1st Additional District Judge, Rourkela in R.F.A. No.02 of 2017.
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 in the suit.
4. Defendant No.1 in his written statement admitted his status as a tenant in respect of schedule ‘A’ shop room. He further stated that schedule ‘B’ shop room was let out to M/s.Rajesh Kumar and Brother, which is a different entity altogether and therefore, he is not occupying the schedule ‘B’ shop room. It was later on stated that M/s.Rajesh Kumar and Brother be
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.
The main legal point established in the judgment is that the Plaintiff must prove the relationship of landlord and tenant to be entitled to the reliefs sought in an eviction suit.
A lessee cannot deny the title of the lessor/landlord, and a one-month notice issued under Section 106(1) of the Transfer of Property Act, 1882 is valid for terminating a month-to-month oral lease.
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.
Point of law: The material on record is clear that the basis for eviction of the appellants from the plaint schedule premises is not on account of default in payment of rents or breach of contractual....
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 acceptance of rent after lease termination does not create a new tenancy; the tenant's status becomes that of a trespasser, not a statutory tenant.
The main legal point established in the judgment is that objections to the validity of a notice of termination of tenancy must be specifically pleaded in the written statement to avoid waiver. Additi....
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