Monday, March 14, 2022

Mere acceptance of rent does not confer the erstwhile tenant the status of a tenant and right to continue with the possession.

A. Constitution of India, 1950 Article 227 Concurrent findings of fact arrived at by subordinate courts/tribunals - Not be interfered in exercise of writ jurisdiction under Article 227 of the Constitution of India - It is more or less akin to revisional jurisdiction of the High Court unless findings of the courts are perverse to the extent that any judicious person can never reach such a conclusion or that the findings are against any provision of law or are contrary to evidence adduced, etc.
B. Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011, Section 19(1)(a)(c)(d) and (e) - Transfer of Property Act, 1882 Section 16 Expiry of lease - Eviction suit filed by landlord - Eviction allowed by courts - Writ petition filed against same - Petitioner/tenant contended that respondent no.5 received rent after expiry of the term of lease deed and as such petitioner became month to month tenant of the shop premises - Petitioner has failed to prove before the courts below that the respondent no.5 ever accepted the rent remitted by him - Courts below rejected the plea of petitioner and passed the impugned orders, which do not require any interference by this Court in exercise of the power of superintendence under Article 227 of the Constitution of India - Writ petition dismissed.
Jharkhand High Court

No comments:

Post a Comment

Court Imposes Rs. 10,000/- Cost For Filing Affidavit WithoutDeponent's Signature, DirectsRemoval Of OathCommissioner For Fraud:Allahabad High Court

Allahabad Hon'ble High Court (Case: CRIMINAL MISC. BAIL APPLICATION No. 2835 of 2024) has taken strict action against an Oath Commission...