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2005 Supreme(Cal) 666

KALYAN JYOTI SENGUPTA
S. B. Properties Pvt. Ltd. – Appellant
Versus
Bank of India. – Respondent


Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The tenancy in question is a monthly tenancy that is not regulated by the West Bengal Premises Tenancy Act, 2001, but rather by the Transfer of Property Act, 1882. This is because the rent exceeds the threshold specified in the Act, making the tenancy outside its scope (!) (!) .

  2. The tenancy was established through an oral agreement, and it was determined by serving a valid notice of termination in accordance with Section 111 of the Transfer of Property Act, 1882 (!) (!) .

  3. The notice of termination was deemed valid and lawful, and the tenancy was legally determined through proper legal procedures. The defendant failed to vacate the premises despite the valid notice, which led to the eviction suit (!) (!) .

  4. The court confirmed that the relationship between the landlord and tenant was that of a monthly tenancy, governed by the Transfer of Property Act, and not by the tenancy act, as the rent was outside the Act's purview (!) (!) .

  5. The court emphasized that the tenant did not contest the validity of the notice, and the service of the notice was properly established. The tenant's failure to vacate after the notice was legally sufficient to determine the tenancy (!) (!) .

  6. The court granted an eviction decree in favor of the landlord, ordering the tenant to vacate the premises, while noting that other claims or defenses could be considered at the trial stage, as no evidence was presented to support additional relief at this point (!) .

  7. The proceedings confirmed that the summary eviction process was applicable and appropriate under the circumstances, given the tenancy was properly determined and the notice was valid (!) (!) .

  8. Costs were to be borne in the cause, and the final decision was made without granting further relief beyond eviction, reserving the right to decide other issues at the trial (!) .

These points summarize the legal reasoning and outcome based on the facts and applicable law as presented in the document.


Judgement

JUDGEMENT :- The summons has been taken out for final judgement under Chapter XIIIA of the Original Side Rules of this Court. The plaintiff has resorted to the aforesaid summary procedure the provision of which is set out hereunder :

"Nature of cases in which applicable. The provisions of this Chapter shall not be applicable save to suits.

(A) .......................................................

(i) to (iv) ...............................................

(B) for the recovery of immoveable property with or without a claim for rent or mesne profits by a landlord against a tenant whose term has expired or has been duly determined by notice to quit or has become liable to forfeiture for non-payment of rent or against persons claiming under such tenant".

The present suit is for eviction of the defendant who has been described as a monthly tenant, and was inducted by the plaintiff at a monthly rate of rent. The let out premises is entire ground floor and first floor including a connecting staircase having an area of 3550.25 square feet more or less of premises No. 55, Bhupendra Bose Avenue, Kolkata-700 004 (hereinafter referred to as suit premises). The aforesaid tenancy has been










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