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M.LAXMAN
Mohd. Moinuddin – Appellant
Versus
S. Shankaraiah – Respondent
JUDGMENT :
1. The present appeal assails the judgment and decree dated 27.06.2001 in A.S.No.201 of 1996 on the file of the Court of the Chief Judge, City Civil Court, Hyderabad, (for short, lower appellate Court), whereunder the appeal was allowed reversing the judgment and decree dated 03.06.1996 in O.S.No.600 of 1991 passed by the Court of the V Assistant Judge, City Civil Court, Hyderabad (for short, trial Court), whereunder the trial Court rejected the relief prayed by the plaintiff for eviction of the defendant from the suit premises.
2. The appellant herein is the defendant and the respondent herein is the plaintiff in the suit. For the sake of convenience, the parties hereinafter are referred to as they are arrayed in the suit.
3. The case of the plaintiff is that he is the owner of house bearing No.19-2-180/114, situated at Narasareddy Moochi Colony, Tadban, Hyderabad. The said house consists of four mulgies, and out of them, two mulgies (hereinafter referred to as ‘suit premises’) were leased out to the defendant on monthly rent. The suit premises were leased out to the defendant initially under the rental deed dated 09.04.1987 on monthly rent of Rs.350/-. The defendant wa
The main legal point established in the judgment is the interpretation and application of the provisions of Section 106 of the Transfer of Property Act, 1882, specifically regarding tenant holding ov....
Every sovereign legislature possesses the right to make retrospective legislation. The power to make laws includes power to give it retrospective effect.
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....
A valid notice to quit under Section 106 of the Transfer of Property Act is mandatory to terminate a tenancy, regardless of original lease terms dispensing with such notice.
Upon the expiration of a lease, if not renewed, the tenancy reverts to a month-to-month basis, which can be terminated with proper notice.
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.
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