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J. K. MAHESHWARI, SANJAY KAROL
Rashmi Kant Vijay Chandra – Appellant
Versus
Baijnath Choubey & Company – Respondent
ORDER :
Leave Granted.
2. This appeal is directed against the judgment and order dated 24th August, 2023 passed in S.A.No.100 of 2021 by the High Court of Calcutta, whereby the judgment and order dated 12th December, 2019 passed by the City Civil Court at Calcutta1[Hereinafter referred as ‘First Appellate Court’] in Title Appeal No.14/2018 was set aside. The First Appellate Court set aside the findings returned by the Presidency Small Cause Court2[Hereinafter referred to as the ‘Trial Court’] in favour of the respondent-tenant, at Calcutta in Ejectment Suit No.1079 of 2002 by order dated 27th November, 2017.
3. The issue inter se the parties, is one between a landlord and tenant. The facts stretch about 90 years in time beginning on 19th February, 1933, when one Harak Chand Veljee by a registered deed of settlement, settled premises Nos.37, 38 and 39, Ezra Street, Calcutta-700001 in Trust of which the present plaintiff-appellants were the trustees. One Baijnath Choubey was a tenant in respect of part of the suit premises. The tenancy stood in the name of M/s. B.N. Choubey and Company (a partnership concern). He died having created a Trust to care for his son who was in an asylum at Ag
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The burden of proof to establish subtenancy is on the landlord, and the court may affirm an eviction decree if the landlord successfully demonstrates the creation of subtenancy.
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