Sri Suresh Vs Sri D Manjunath — Karnataka HC (2025) — LawSathi Research

Sri Suresh Vs Sri D Manjunath — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed-in-part: arrears of rent of Rs.1,12,000/- and damages at Rs.2,600/- per month set aside; decree of ejectment confirmed and judgment and decree modified; defendant given one year to vacate and hand over vacant possession, with undertaking to be filed within four weeks; defendant directed to pay monthly rent of Rs.5,000/- till handing over possession; on failure to hand over possession, plaintiff entitled to execute the decree without seeking notice to the defendant; no costs.

Issue for consideration

Whether, under the facts and circumstances of the case, the plaintiff proves that the defendant is defaulter in payment of arrears of rent amount. +2 more

Court's answer

Point No.(i) answered in the negative: the plaintiff has not proved that the defendant was a defaulter in payment of arrears of rent, the plaintiff having produced no sufficient materials as to the rate of rent per month, the period from which the defendant became a defaulter, or the amount of arrears.

Ratio / Principle

The jural relationship of owner and tenant between the plaintiff and the defendant is proved; the plaintiff is the owner of the suit schedule property, having succeeded to it after the death of his mother, the former owner.

Key takeaways

The tenancy was terminated by the plaintiff through legal notice Ex.P5; in his reply Ex.P6 the defendant denied his default in payment of rent but admittedly acknowledged the plaintiff's ownership of the suit property.ratio¶78
The defendant is not entitled to protection of possession under Section 53A of the Transfer of Property Act: the alleged agreement of sale (Exhibit.D2) is unregistered, and the defendant has neither filed a suit for specific performance nor taken any legal recourse to claim refund of the amount stated to have been paid thereunder.ratio¶82

Detailed headnote1 paragraphs

RFA (under S.96 CPC) by the defendant against the decree of ejectment in O.S.No.3014/2013 (IX Addl. City Civil and Sessions Judge, Bangalore, dated 28.09.2018). Held: the jural relationship of owner and tenant was proved - the plaintiff succeeded to the suit property after the death of his mother (owner under rent agreement dated 12.03.2007), and a further rent agreement dated 29.09.2010 subsisted with the plaintiff; the tenancy was terminated by legal notice Ex.P5, the defendant admitting ownership in reply Ex.P6 while denying rent default; the defendant's plea for protection of possession under Section 53A of the Transfer of Property Act failed because the alleged agreement of sale (Ex.D2) was unregistered and he had neither sued for specific performance nor sought refund of the amount allegedly paid. The decree of ejectment was confirmed; however, as the plaintiff produced no positive evidence of the defendant's default or the quantum of arrears, the awards of arrears of rent of Rs.1,12,000/- and damages at Rs.2,600/- per month were set aside. The defendant was given one year to vacate upon furnishing an undertaking within four weeks, directed to pay Rs.5,000/- per month till possession was handed over, failing which the decree could be executed without notice. Appeal allowed-in-part; no costs.