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K.V. Sathyavathi Thr. G.P.A. vs M/S. Auto World on 13 September, 2019

Bench: Sanjay Kishan Kaul, K.M. Joseph

                                        IN THE SUPREME COURT OF INDIA
                                         CIVIL APPELLATE JURISDICTION


                                       CIVIL APPEAL NO.7251 OF 2019
                              (Arising out of S.L.P.(Civil)No.22143 of 2015)


                         K.V.SATHYAVATHI THROUGH G.P.A.                      ...Appellant


                                                        Vs.


                         M/S. AUTO WORLD                                     ...Respondent

                                                 O R D E R

Leave granted.

The undisputed position is that the appellant is the landlord and the respondent is the tenant and the period of tenancy is over. No doubt after the termination of the tenancy, at the first instance by a notice, there were some amounts accepted by the appellant at enhanced rate but that is claimed by the appellant to be towards damages. This was followed by a second tenancy termination notice. There is no fresh tenancy created nor documents executed in that behalf. Thus, at best in our view, the respondent is a tenant on a month to month basis.

In our view the impugned order is not sustainable. It is predicated only on the issue of having accepted the amounts after notice has been issued under Section 116 of the Transfer of Property Act, 1882.

Digitally signed by ANITA MALHOTRA Date: 2019.09.18 16:12:27 IST Reason: 1  We are thus of the view that the impugned order not being sustainable, is liable to be set aside and the order of the Trial Court dated 6th November, 2014 is restored. The appeal is accordingly allowed.

At this stage, learned counsel for the respondent requests for some time to vacate the premises. We are informed that the amount towards the alleged rent @ Rs.18,150/- (Rupees eighteen thousand one hundred and fifty) per month was remitted but not accepted. We direct the respondent to remit the amount towards damages at the same rate upto the date (i.e. September, 2019 month) within a period of three weeks from today.

We grant time to the respondent to vacate the premises on or before 31st March, 2020 subject to furnishing usual undertaking within two weeks from today in the Registry of this Court.

For the period for which the respondent will now enjoy the premises i.e. from 1st October, 2019 till 31st March, 2020 the damages will be paid at the enhanced rate of Rs.50,000/- (Rupees fifty thousand) payable by the 7th of each month in advance.

......................J. [SANJAY KISHAN KAUL] ......................J. [K.M.JOSEPH] New Delhi;

September 13, 2019.

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ITEM NO.38                  COURT NO.10                  SECTION IV-A

                S U P R E M E C O U R T O F        I N D I A
                        RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C)       No(s).   22143/2015

(Arising out of impugned final judgment and order dated 16-02-2015 in RFA No. 198/2015 passed by the High Court of Karnataka at Bengaluru) K.V. SATHYAVATHI THR. G.P.A. Petitioner(s) VERSUS M/S. AUTO WORLD Respondent(s) Date : 13-09-2019 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Dr. Arun Mohan,Sr.Adv.

                    Mr.    Sharan Thakur,Adv.
                    Mr.    Vijaykumar Paradeshi,Adv.
                    Mr.    Arvind,Adv.
                    Mr.    Vinayak B.,Adv.
                    For    Dr. Sushil Balwada, AOR

For Respondent(s) Mr. Gautam Narayan, AOR Ms. Asmita Singh,Adv.

UPON hearing the counsel the Court made the following O R D E R Heard.

Leave granted.

The appeal is allowed in terms of the signed order. Pending application, if any, shall also stand disposed of.

    (ANITA MALHOTRA)                        (ANITA RANI AHUJA)
      COURT MASTER                             COURT MASTER

(Signed order is placed on the file.) 3