Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier writ petition was withdrawn in view of undertaking that auction shall take place in accordance with terms and conditions of lease which was not done so, as such there arose a fresh cause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...........
Transfer of Property Act, 1882, Section 116 -- Tenant at sufferance - Tenant at sufferance is one who wrongfully continues in possession after extinction of a valid lease period - Tenancy at sufferance does not create relationship of landlord and tenant...........
Transfer of Property Act, 1882, Section 116 -- Tenant by holding over - Tenant continuing in possession after determination of lease with consent of landlord is a tenant holding over or a tenant at will...........
Transfer of Property Act, 1882, Section 116 -- Lease - Tenant at sufferance - Tenant admitted that he did not pay rent to plaintiff till the filing of suit - However, plaintiff refused to receive rent as defendant committed default in payment of enhanced rent @ Rs.4,000 pm - Defendant cannot claim the status of tenant holding over - He can be termed as a tenant at..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for specific performance - Several facts pleaded in plaint give rise to institution of suit - Recitals in suit document concerning delivery of property after expiry of lease and thereafter execution of document in favour of plaintiff, can be termed as one of facets of cause of..........
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..........
