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M. LAXMAN
Srinivasa Electronics, Rep. by its Managing Partner – Appellant
Versus
Surender Kumar Grover – Respondent
ORDER :
1. This revision has been directed against the judgment and decree dated 28.10.2011 in R.A.No.358 of 2010 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad (lower appellate Court), wherein and whereby the order dated 31.08.2010 in R.C.No.194 of 2006 on the file of the IV Additional Rent Controller, Hyderabad (Rent Controller), was confirmed. R.C.No.194 of 2006, filed by the respondent herein for eviction of the petitioner herein from the property in question, was allowed.
2. The petitioner herein is the tenant and the respondent herein is the landlord. For the sake of convenience, the parties are hereinafter referred to as the tenant and the landlord, respectively.
3. The pleadings of the landlord show that he is the owner of premises bearing No.5-4-423/8/A, Ground floor of Hotel Shanti Nivas Building, Nampally Cross Roads, Hyderabad, (hereinafter, it is referred to as ‘scheduled premises’). He let out the scheduled premises to the tenant @ Rs.900/- per month. The landlord sought eviction on two grounds, one is willful default in payment of rent and the other is subletting the scheduled premises by the tenant to third party without any right. The
The grounds available for the landlord prior to the relationship covered under the Act are still available if not repugnant to the Act.
When once eviction petition had been filed, there is no question of landlord losing his right to pursue the same notwithstanding the fact whether the tenant had deposited or was willing to deposit th....
A tenant must establish timely rent payments to avoid eviction; separate attornment of tenancy is unnecessary upon property transfer.
A tenant's statutory obligation to pay rent regularly remains intact despite pending proceedings under Section 8(5) for deposit of rent; failure to do so, resulting in accumulation of arrears, consti....
The main legal point established in the judgment is that the validity of rent deposition in court under Section 19(A) of the Act is contingent upon the tenant fulfilling the mandatory pre-requisites ....
The court ruled that to establish sub-letting under the Tamil Nadu Buildings (Lease and Rent Control) Act, the landlord must prove the tenant has transferred exclusive possession, which was not done ....
The court established that consistent non-payment of rent during proceedings justifies eviction under the UP Rent Act.
High Court could not have re-appreciated the evidence and the concurrent findings rendered by the courts below ought not to have been interfered with by the High Court while exercising revisional jur....
The main legal point established in the judgment is that wilful default in payment of rent requires intentional, deliberate, and conscious non-payment by the tenant. The continuous payment of rent du....
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