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A. ABHISHEK REDDY
Mohd Sarwar Hussain Siddiqui – Appellant
Versus
Baqir Ali Khan – Respondent
JUDGMENT :
A. ABHISHEK REDDY, J.
1. This Second Appeal, by the defendant, is directed against the judgment and decree dated 02.12.2020, passed by the XIV Additional Chief Judge (F.T.C.) City Civil Court, Hyderabad, in A.S. No. 290 of 2015, dismissing the appeal and confirming the judgment and decree dated 09.11.2015 rendered by the XXI Junior Civil Judge, City Civil Court, Hyderabad, in O.S. No. 1271 of 2012 decreeing the suit filed by the plaintiffs for eviction of the defendant from the suit schedule premises.
2. For the sake of convenience, the parties hereinafter shall be referred to as they were arrayed before the trial Court.
3. The plaintiffs filed the suit seeking eviction of the defendant from the suit schedule mulgi and recovery of arrears of rent contending that the suit schedule mugli belongs to the grand father of plaintiff No. 1 and it fell to their in the family partition that took place on 24.09.2011. The suit schedule mulgi was given on rent to the defendant earlier to the partition. Plaintiff No. 1 and his father’s brother, Mir Inayath Ali Khan, informed about the said partition to the defendant on 24.09.2011 itself. Mir Inayath Ali Khan instructed the defendant to pa
The jurisdiction of civil courts is ousted by the Rent Control Act provisions, making eviction suits based on oral agreements unenforceable and void.
A valid landlord-tenant relationship must be established for eviction, and bona fide personal necessity can justify eviction under the Jharkhand Building Act.
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.
The acceptance of rents irregularly by the landlord does not amount to waiver of the right to terminate the lease, and the provisions of the Rent Control Act do not apply to the case.
The amended Section 32(c) of the Rent Control Act restricts civil court jurisdiction over eviction suits for tenants paying rent below specified thresholds.
The main legal point established in the judgment is that the benefit of first default in payment of rent by a deceased tenant extends to the heirs, and mere enhancement of rent without altering other....
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