Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier writ petition was withdrawn in view of undertaking that auction shall take place in accordance with terms and conditions of lease which was not done so, as such there arose a fresh cause of action - Principle of res judicata does not apply - High Court erred in dismissing Writ Petition on the ground that the..........
Karnataka Rent Act, 1999, Section 43, 3(e) -- Eviction - Dispute of relationship of landlord and tenant - Whenever a dispute arises as to jural relationship between parties, Court has to examine lease agreement or in its absence, receipts acknowledging payment of rent signed by landlord as prima-facie proof of such relationship and proceed with hearing of case - In case..........
Mutation -- A stray mutation entry does not confer title - On the basis of such entry getting a lease from a person who himself did not have a title cannot be countenanced...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Foundational documents relied upon by plaintiff i.e mortgage deed cum lease deed is neither registered nor sufficiently stamped and is therefore, inadmissible - Moreover, plaintiff attempts to secure temporary injunction in effect seeks to restrain rightful owner and purchaser from asserting rights..........
Transfer of Property Act, 1882, Section 106 -- Lease - Lease for purposes of parking vehicles, neither for manufacturing nor agricultural purpose would be deemed month-to-month terminable by fifteen days notice...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Allotment of poultry farm - Both the Courts below elaborately discussed the evidence led by parties and during inspection, no poultry farm was found running - There was no chicks in it - Notice was given to plaintiff on violation of conditions mentioned in lease deed..........
Transfer of Property Act, 1882, Section 106 -- Lease - Termination - Failure to vacate premises by tenant - Damages - Damages would come into effect only after expiry of tenancy period i.e. after 7 years in terms of Rent agreement - Thus, damages per day from date of filing of suit may not be sustainable - Tenant shall pay sum of Rs.1,25,000 as monthly rent for remaining..........
Rent and Eviction -- Bonafide requirement - Landlord died during pendency of proceedings - In the absence of any denial to facts that son of landlord is crippled and has no other source of income or any other business, his need is clearly established - Moreover, tenants who own several businesses have managed to cling on the premises for last 63 years even after expiry of..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Default in payment of rent - Once lease agreements were admitted by defendant/tenant as was relationship of landlord and tenant, defendant could have deposited rent - However, despite being given sufficient opportunities to defendant, he categorically refused to pay the amount - Defence rightly struck..........
Transfer of Property Act, 1882, Section 105 -- Lease deed - Execution of lease deed by one co-owner whereas other co-owners witnessed the lease deed - Co-owners who have witnessed the lease deed do not become confirming parties - There is huge difference between executing a particular document and being a witness to the same document - Witness does not in any manner agree..........
