Joint liability principles apply; property owners cannot avoid liability due to actions of their lessees.

JUDGMENT

Dated this the 23^rd day of February, 2026 This appeal is filed against the judgment and decree dated 29.06.2004 in O.S.No.331 of 1995 on the files of the Sub Court, Manjeri awarding Rs.1,24,300/- to the plaintiff on account of the damages sustained due to the contamination of well water by the functioning of petrol pump situated in the adjoining property. O.S.No.331/1995 was heard along with O.S.No.191/1995 as both the suits were filed for identical reliefs.

2. It is brought to my notice that R.F.A No.549 of

2004 filed against the judgment and decree in O.S.No.191 of 1995 has been dismissed by this Court by judgment dated 18.11.2022. The relevant portion of the judgment reads as follows:-

“Even though the wrong was committed by the person who was inducted into the property on a legal arrangement, the owner of property cannot avoid his liability based on the principle of tortious liability. The principal hence would stand bound by the wrong done by the lessee in possession of the property, as there is an implied principal and agent relationship in between the lessee and the owner of the property and it is an internal matter between the lessee and the owner of the property to sort out the liability or any payment made thereof. In short, the joint and several liability vested with the owner of the property, the 3^rd defendant, cannot be avoided. But, it is made clear that since the wrong doer is the corporation who is conducting petrol pump over the property, they should be made liable initially. Necessarily, the plaintiff has to exhaust the remedy by executing the decree as against the defendants 1 and 2 before initiating proceedings against the 3^rd defendant or the legal heirs thereof. With that observation, the present appeal is hereby dismissed. No costs”.

3. When the appeal came up for consideration today, it is submitted by the counsel on both sides that in the light of the judgment in RFA No.549 of 2004 , this appeal is to be dismissed with similar observations therein.

Accordingly, in the light of the observations in RFA No.549 of 2004 which is applicable to this appeal also, this appeal will stand dismissed.

Sd/-