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54 judgments · newest first · showing 1–54
The appellants, children of a tenant who died in 1970, claimed that they inherited tenancy rights under the West Bengal Premises Tenancy Act, 1956, which were later purportedly extinguished by the 1997 Act. The landlord sought eviction, relying on a deposition in an unrelated case as an admission …
The Supreme Court examined a dispute between Indian Oil Corporation Ltd. (appellant) and Sudera Realty Private Ltd. (respondent) over a lease of three floors in a Kolkata building. It held that the 1968 agreement and the 1969 supplementary deed constituted a valid 21‑year lease, with possession of …
The landlord filed eviction suits under the West Bengal Premises Tenancy Act, 1997 alleging non‑payment of rent arrears for two shops. The tenants filed applications under Section 7(2) of the Act seeking determination of the disputed rent and deposited the arrears they admitted. The trial court …
The landlords (appellants) owned a shop in Calcutta and leased it to the respondent, who later changed the business and allegedly sub‑let the premises to a third person without consent. The eviction suit was filed under the West Bengal Premises Tenancy Act, 1956 on four grounds, including …
Harbanslal Malhotra & Sons Pvt Ltd owned a two‑storey building with appurtenant land and was assessed for municipal tax under the Calcutta Municipal Corporation Act, 1980. The Assessing Officer fixed the annual valuation at Rs 59,400 for AY 1988‑89 and Rs 4,25,600 for AY 1994‑95. The Municipal …
The landlord (appellant) sought interest on arrears of rent after the City Civil Court ordered the tenant (respondent) to pay the arrears in ten monthly installments but denied interest. The High Court upheld that order. The Supreme Court examined whether Section 17(2A) of the West Bengal Premises …
The appellant-landlady, Anamika Roy, filed a suit under the West Bengal Premises Tenancy Act, 1956 seeking eviction of the tenant, Jatindra Chowrasiya, on the ground of bona‑fide personal requirement of the entire ground‑floor flat. Both the trial court and the first appellate court decreed eviction …
The landlords, trustees of a trust, sued the tenant for eviction under Section 13(1)(b) of the West Bengal Premises Tenancy Act, 1956, alleging that the tenant had erected a permanent structure without the landlord's consent by replacing a tin‑sheet roof with a concrete slab and constructing a brick …
The landlord, Raju Jhurni, obtained an eviction decree against the tenant company under the West Bengal Premises Tenancy Act, 1956, but the decree did not determine the arrears of rent. He then filed a winding‑up petition before the Company Court under Sections 433, 434 and 439 of the Companies Act, …
The appellant, Ramdas Bansal, held a 21‑year lease of a building (Grace Cinema Hall) on premises in Kolkata and, after the lease expired, the respondents filed a suit for vacant possession and rectification of the lease description. Bansal sought to introduce documents alleging that the respondents …
The landlord served a notice on the tenant on 28‑08‑1991, seeking vacancy of two rooms by the end of October 1991, claiming the tenancy was governed by the English calendar. The tenant contested, arguing that the tenancy followed the Bengali calendar and that the notice therefore failed to give a …
The respondents filed a title suit for eviction of the appellant, claiming ownership and landlord status over a shop in Purulia. The appellant denied being a tenant, asserting that he entered possession under a sale agreement and later pleaded adverse possession, claiming over twelve years of …
The National Sample Survey Organisation (NSSO) was a tenant of Champa Properties Ltd. and vacated the premises in 1992, contesting a rent increase demanded by the landlord based on a Hiring Committee's recommendation. The landlord filed a writ petition seeking enforcement of the higher rent, relying …
The appellant, claiming ownership of a property at 18/1 Ramesh Mitra Road, Kolkata, sought eviction of the respondent who alleged he was a Thika tenant under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981. The respondent filed a Return under Rule 3(a) of the 1981 Rules, which the …
MIS. K.B. Saha & Sons Pvt. Ltd. (landlord) leased a flat to MIS. Development Consultant Ltd. (tenant) for the residential use of a named officer, Mr. Keshab Das, under a memorandum dated 30‑03‑1976. After Mr. Das vacated, the tenant sought to allot the premises to another employee, prompting the …
The landlord filed a suit for eviction and mesne profits against the tenant under the West Bengal Premises Tenancy Act, 1956. The trial court held that the notice to quit was invalid and dismissed the suit. On appeal, the lower appellate court and the High Court found that a valid one‑month notice …
The landlord of an eight‑room building filed seven suits under Section 13(1)(f) of the West Bengal Premises Tenancy Act, 1956 seeking eviction of tenants for rebuilding. The trial court dismissed the suits for lack of proof of a bona‑fide rebuilding need and financial capacity, and the High Court …
The case involved a lease dated 13 January 1969 for 21 years between the appellants (lessors) and the respondent (lessee) which contained a clause allowing either party to terminate the lease before its expiry. The lessor served a notice of determination in 1972 and obtained an eviction decree under …
The case concerned eviction suits filed by thika tenants (Kanailal Ghosh and others) against Bharatias (Narayanchandra Ghosh and others) occupying rooms in a house. The suits were filed under the Calcutta Thika Tenancy Act, 1949, before the Calcutta Thika Tenancy (Acquisition and Regulation) Act, …
The landlady filed an eviction suit against the tenant for sub‑letting without consent; the tenant had left the premises and his divorced wife, Ruma Chakraborty, remained only as custodian of their minor children. Chakraborty sought to be impleaded as a party defendant under Order I Rule 10(2) CPC, …
The landlord claimed the tenant defaulted on rent from March 1994 and filed an eviction suit under the West Bengal Premises Tenancy Act, 1956. The tenant had tendered the March rent twice in April 1994, but the landlord refused to accept it, prompting the tenant to deposit the rent with the Rent …
The dispute arose from a settlement in 1954 whereby the original lessees transferred the entire iron‑casting foundry business, together with land, building, machinery and fittings, to the appellant for a fixed term. After the term expired, the appellant failed to vacate the premises (referred to as …
The appellant, having purchased a property bequeathed to a widow with a life interest, filed a title suit for eviction against M/s Nanee Printers, alleging that their 11‑year agreement dated 5 July 1976 was a revocable licence. The trial court held it a licence and dismissed the suit; the first …
The Supreme Court examined the Calcutta Municipal Corporation Act, 1980, which imposes a consolidated property tax on owners and occupiers. Tenants, sub‑tenants and occupiers argued that they were denied participation in valuation, notice of assessment, and a meaningful right of appeal, especially …
Shibu Chandra Dhar, a tenant who purchased the landlord's building, sued Pasupati Nath Auddya for non‑payment of rent and for possession of shop premises under the West Bengal Premises Tenancy Act, 1956. After the suit for specific performance filed by the respondent was dismissed, the respondent …
India Automobiles (1960) Ltd., the owner of a nine‑storey commercial building, leased the premises to a tenant who sub‑let parts of it. The Calcutta Municipal Corporation fixed the annual value of the property under Section 174 of the Calcutta Municipal Corporation Act, 1980, by taking into account …
Mis. Estralla Rubber sued Dass Estate Pvt Ltd for eviction. The defendant sought to amend its written statement under Order VI Rule 17 of the CPC, but the trial court rejected the amendment on the ground that it was inconsistent and would displace an admission. The District Judge, on revision, …
The landlady (appellant) sued the partnership firm W.B. Engineering Co. for eviction on the grounds of personal use and alleged sub‑letting of a residential premises let under the West Bengal Premises Tenancy Act, 1956. The tenancy began on 1‑Dec‑1965 with the firm as tenant; an employee, Mr. …
Delta International Ltd., the successor to Dewar's Garage, entered into a 1970 leave‑and‑license deed with ESSO allowing Shyam Sunder Ganeriwalla to operate a petrol station on premises it leased from Mallika Investment Co. The deed expressly stated it was a licence and not a lease, and any …
Silverline Forum Private Limited, the new owner of a flat, obtained a decree for ejectment against its tenant Rajiv Trust for sub‑letting without consent. While executing the decree, the bailiff was resisted by the second respondent, a sub‑tenant of the first sub‑tenant, who claimed he was not a …
The appellants, East India Commercial Co. Pvt. Ltd., challenged the assessment of their building’s annual value under Section 168 of the Calcutta Municipal Act, 1951, arguing that the fair rent fixed under Section 8(1)(d) of the West Bengal Premises Tenancy Act, 1956 should be the basis, not the …
Savita Dey leased premises to the respondents under a registered deed dated 6 July 1964 for a term of 21 years at Rs.475 per month, later increased to Rs.501 per month in accordance with a clause linking rent to municipal tax increases. When the lease expired on 30 June 1985, Dey served a quit …
Mrs. Sira Menan was a contractual tenant under the West Bengal Premises Tenancy Act, 1956. After her death, the respondent claimed to be her daughter and asserted that she inherited the tenancy. The trial court rejected her claim, holding that even if she were the daughter she was not a tenant …
The appellant owned premises leased in 1966 to Lall Behari Mullick for his natural life, with a covenant that his heirs must vacate within three months of his death and have no right to hold over. Mullick died within three years, but his heirs remained in possession. The appellant sought eviction, …
United Bank of India leased premises from Cook's and Kelvey Properties and allowed its employees' trade union to occupy the premises for union activities without the landlord's consent. The bank did not receive any rent from the union, maintained the premises, paid electricity charges, and retained …
G.C. Ghosh, a tenant, was ordered evicted by the respondents on the ground that he failed to deposit the November 1984 rent by the statutory deadline of 15 December, depositing it instead on 17 December. The lower courts had not found any default on the earlier grounds of bona‑fide requirement or …
The appellant, Pulin Behari Pal, was a tenant of a shop premises that was purchased by the respondents in 1973. He had sub-let the premises in 1970 without the landlord's prior written consent and continued to pay rent until January 1975. The respondents served a notice to quit on the grounds of …
The appellant, an allottee of a flat allotted by a housing cooperative society under a 99‑year lease from the Metropolitan Development Authority, sub‑let the premises to the respondent. After the respondent failed to vacate following a notice of termination, the appellant sued for eviction under …
The appellant, a tenant, defaulted on rent and was sued for eviction by the landlady. He filed petitions under Sections 17(2) and 17(2A) of the West Bengal Premises Tenancy Act, seeking to deposit arrears in instalments and to obtain protection against eviction under Section 17(4). The trial court …
The landlord filed a suit for eviction of the tenant on the ground of non‑payment of rent under the West Bengal Premises Tenancy Act, 1956. The tenant paid the agreed basic rent of Rs.32 per month but failed to pay an additional Rs.8 per month for electricity. The trial court held that the …
The Supreme Court examined an eviction suit filed by the landlord against Vega Trading Corporation, which held over a lease originally dated 1948. Clause 6 of the lease allowed the tenant to sub‑let any unused portion, but after the West Bengal Premises Tenancy Act, 1956 came into force, the tenant …
Pal Singh occupied three rooms and a courtyard in an evacuee property that was later jointly purchased by Sunder Singh and the late Smt. Sham Kaur. In 1975 Sunder Singh filed an eviction suit under section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide requirement, but the other …
Manmohan Kaur, a tenant, was ordered by the trial court to deposit rent monthly. She failed to deposit rent for November and December 1986 due to a genuine mistake, believing her son had paid. The landlord sought to strike out her defence under Section 13 of the Bihar Buildings (Lease, Rent and …
The landlord filed a suit for possession of premises under the West Bengal Premises Tenancy Act, 1956. The tenant filed a written statement but later failed to comply with court orders to deposit rent and his defence was struck out under s.17(3) of the Act. The tenant appealed, contending that even …
Abhay Singh Surana, the landlord of a godown, sued Jayshree Textiles (later amalgamated with Indian Rayon) for eviction and faced a title suit for injunction. He applied under Clause 13 of the 1865 Letters Patent of the Calcutta High Court to have both suits transferred to the High Court, citing the …
The appellant, a private limited company, occupied part of premises owned by United Commercial Bank and challenged an eviction notice issued under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The company argued that the Act, as applied to premises of a public‑sector …
Dr. Saroj Kumar Das, a medical practitioner residing in Ghana, sued tenant Arjun Prasad Jogani for possession of the second‑floor rear portion of 248 C.I.T. Road, Calcutta, claiming a genuine requirement for personal use and no alternative accommodation. The trial court and the Additional District …
The petitioners, Md. Salim and others, claimed they were sub‑tenants under a 1966 agreement with the landlord, Md. Ali, and therefore should not be bound by an eviction decree issued against the principal tenant. The High Court held that the agreement was merely for the management of the landlord’s …
The appellant, a landlady, sued the respondent tenant for possession of a flat, arrears of rent and mesne profits of Rs.78,000 after the tenancy was terminated. The High Court, relying on the West Bengal Premises Tenancy Act, held that the tenant remained a lawful occupant and that the claim for …
The tenant, B.P. Khemka Pvt. Ltd., was sued for eviction on the ground of rent default. While the suit was pending, the West Bengal Premises Tenancy (Amendment) Ordinance 1967 introduced Section 17(2A) allowing tenants in default to pay arrears in instalments, and Section 5 gave it retrospective …
The tenant, D.K. Ghosh, sent rent by postal money order stating "we shall vacate the premises within next 6/8 months," which the landlord, Mira Sen, treated as a notice to quit. When the tenant failed to surrender possession, the landlord filed an eviction suit under clause (j) of s.13(1) of the …
The appellants, landlords, obtained a trial decree for possession of a house in Memari, West Bengal, on grounds of rent arrears and need for demolition. The respondent appealed, and while the appeal was pending the West Bengal Premises Tenancy Act, 1956 was extended to Memari, introducing Section 13 …
The plaintiff, a retired Indian Army officer, acquired a portion of a property by gift after his retirement and sought to evict a tenant under section 13A(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, producing a certificate from the Army. The trial court granted the …
Biswabani Pvt. Ltd. occupied Kalpana Theatre under a registered lease (1948‑53) and later under a consent decree that attempted to create a fresh five‑year lease starting March 1955. The fresh lease was not registered, rendering it void under the Transfer of Property Act. After the five‑year period …
