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SUBHASH VIDYARTHI
Arun Enterprises Thru. Proprietor Smt. Uma Mansukhani – Appellant
Versus
Addl. District Judge, Court No. 9, Lko. – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Saud Rais, the learned counsel for the petitioner, Sri Nirmit Srivastava, the learned counsel for the opposite parties and perused the records.
2. By means of the instant petition, filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of a judgment and order dated 08.08.2024 passed by learned Judge, Small Causes Court, Lucknow in S.C.C. Suit No. 48 of 2017 (old number 218 of 2014), whereby the Suit for ejectment and recovery of arrears of rent and damages filed by opposite parties against the petitioner was decreed. The petitioner has also challenged the judgment and order dated 08.08.2024 passed by the learned Additional District Judge, Court no. 9, Lucknow whereby SCC Revision No. 41 of 2017, filed against the aforesaid order dated 08.08.2024, has been dismissed.
3. Briefly stated, facts of the case are that the opposite parties had filed the aforesaid S.C.C. Suit for ejectment and recovery of arrears of rent and damages pleading that they are co-owners/landlords of the land with building bearing municipal no. 352/2, Tulsidas Marg, Manjeet Singh Building Campus, New C-Block, Raja Ji Puram, Luckno
The court affirmed that a month-to-month lease can be terminated by a 30-day notice, rejecting claims of an annual lease due to lack of evidence.
The main legal point established in the judgment is that compliance with the legal provisions regarding rent payment and termination of tenancy is essential, and the court has the discretion to grant....
If a registered lease deed is executed and if no option is reserved to landlord to determine lease, in such cases, lease stands terminated by efflux of period mentioned therein and not at unilateral ....
The main legal point established in the judgment is that the validity of lease termination and quit notice must be judged in accordance with the provisions of Section 107 of the Transfer of Property ....
Point of law: Eviction of tenant – Relief of arrears of rent - Court in exercise of powers under Section 25 of the Provincial Small Cause Court Act can interfere on limited grounds
Eviction of tenant - Unauthorized occupation of tenant - Intention and admission in pleadings indicates the creation of relationship of landlord and tenant and that the amount paid by the revisionist....
Validity of termination notice under Section 106 of the Transfer of Property Act and determination of mense profits.
The validity of a notice under Section 106 of the Transfer of Property Act is upheld, confirming the landlord's right to evict despite acceptance of rent post-termination.
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