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SACHIN SHANKAR MAGADUM
Giridharasa – Appellant
Versus
Jagadguru Gangadhar Dharma – Respondent
ORDER
Sachin Shankar Magadum, J.—The captioned civil revision petition is filed by the petitioner/defendant challenging the order dated 20.12.2018 passed in S.C.No.35/2015 by the III Additional Senior Civil Judge and JMFC, Hubballi whereby the suit of the respondent/plaintiff is decreed directing the petitioner herein to vacate and handover the suit premises.
2. The facts leading to the case are as under:
The respondent/plaintiff instituted a suit a for eviction of vacant possession of suit schedule property and also claimed mesne profits at the rate of Rs.5,000/- p.m. from the date of termination of tenancy till handing over of vacant possession of the suit schedule property. The respondent/plaintiff claims that he is the owner of the suit schedule property and plaintiff being a holy and spiritual institution is conducting various educational and religious activities for the welfare of the Society. It is further pleaded in the plaint that it owns educational institutions and commercial complex and has inducted tenants to run their business according to the agreements entered in to by the parties. The respondent/plaintiff has specifically contended that the present petitioner/def
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 ....
Court ruled valid termination of tenancy under the Transfer of Property Act due to failure to vacate and non-payment, reinforcing the burden of proof on defendants regarding court fee issues.
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 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.
Landlord can obtain possession of premises upon clear admissions about tenancy relations and formal lease termination, regardless of tenant's claims of extensions based on rent acceptance.
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....
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