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ASHUTOSH SRIVASTAVA
Kaizen India – Appellant
Versus
Rangoli Garments Private Limited – Respondent
JUDGMENT :
Ashutosh Srivastava, J.
1. Heard Sri Manish Goel, learned Senior Counsel, assisted by Sri Gaurav Tripathi, learned counsel for the Revisionists and Sri Nikhil Agarwal alongwith Nipun Singh, learned counsel for the sole Respondent.
2. The instant SCC Revision under Section 25 of the Provincial Small Cause Courts Act, 1887 at the instance of the Tenants/Defendants in SCC Suit No. 05 of 2021 has been filed against the judgment and order dated 6.12.2022 passed by the District & Sessions Judge, Gautam Buddh Nagar in so far as it rejects the Applications/Paper No. 41-Ga, 43-Ga and 51-Ga preferred by the Revisionists in the SCC Suit as also the order dated 28.4.2023 passed by the Additional District & Sessions Judge-3, Gautam Buddh Nagar acting as the Judge, Small Cause Court whereby and where-under the SCC Suit No. 5 of 2021 (M/s. Rangoli Garments Pvt. Ltd. v. M/s. Kaizen India and others) has been decreed and the defendants have been ordered to vacate the Premises No. B-137, Sector 63 Noida, District Gautam Buddh Nagar and hand over its actual physical and legal possession to the plaintiff alongwith arrears of rent and damages for use and occupation till handing over of possessi
The court affirmed the validity of the notice terminating tenancy and the admissibility of the lease agreement as secondary evidence, emphasizing the defendants' failure to contest the claims.
The court affirmed the revisional court's findings on landlord-tenant relationships and notice validity, emphasizing statutory interpretation and jurisdictional limits under the Provincial Small Caus....
Unregistered tenancy agreements exceeding one year are inadmissible in evidence; valid notice of eviction is established if default in rent payment is proven.
Unregistered lease agreements cannot create tenancy rights exceeding one year under the Transfer of Property Act, leading to a month-to-month tenancy requiring valid notice for termination.
The main legal point established in the given judgment is that the relationship between landlord and tenant must be proved, the rate of rent must be established, and the absence of a registered subsi....
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....
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.
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