Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal

Landlord-Tenant Relationship Established: Karnataka High Court Dismisses Second Revision Petition

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Karnataka High Court, presided over by The Hon’ble Mr. Justice H.P. Sandesh, dismissed a second revision petition challenging the order passed in Rent Revision Petition No.15/2018 and I.A. No.V in HRC No.21/2011. The judgment pronounced on 21st July 2023 reaffirms the existence of the landlord-tenant relationship between the parties.

The petitioner, Mr. Gangadhar Nayak, had filed the House Rent Revision Petition (HRRP) under Section 115 of the Code of Civil Procedure (CPC) against the District Court’s revisional order. He contested that the Courts erred in establishing the landlord-tenant relationship without concrete evidence of lease or rent receipts.

However, the Court carefully examined the evidence presented and considered the crucial admission made by the respondent (Mr. Ananth G. Pai) during cross-examination. Mr. Pai had admitted that Mr. Nayak, the petitioner, is the son of the landlord, Mr. Ganapathi Pai, and that the property is registered in the landlord’s name.

Justice Sandesh, while addressing the petitioner’s contention, stated, “No explanation was provided as to why the respondent admitted the relationship between the parties if there was no landlord-tenant association.” The Court upheld the decisions of both the Trial Court and the revisional Court, emphasizing that a revision cannot re-assess evidence when there is no misinterpretation or misapplication of law.

The High Court further directed the Trial Court to expedite the matter, as the HRC petition had been pending for over a decade, ordering the case to be resolved within three months.

The ruling sets a significant precedent and highlights the importance of considering all evidence presented during hearings. It also reinforces the essential principle that decisions rendered by superior Courts should be loyally followed and should not be frequently changed to unsettle established positions.

Date of Decision: 21st July 2023

GANGADHAR NAYAK vs   MR. ANANTH G. PAI 

Latest Legal News