SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1966 Supreme(Cal) 165

BIJAYESH MUKHERJI
Binani Properties Private Ltd. – Appellant
Versus
M. Gulamaji Abdul Hossain – Respondent


Advocates:
Amiya K. Basu and Tibrewall, for Plaintiff; Gouri Mitter and D.P. Gupta for Defendant No. 1; H. Datta, Pyne Mallick and P.K. Hazra, for others. [Summary of the decision rendered on 10 August 1966 by Bijayesh Mukherji, J. of the Calcutta High Court in Binani Properties Private Limited v. M. Gulamali Abdul Hossain and Ors. Suit No. 800 of 1959.]

Judgement

I. The plaintiff, Binani Properties Private Ltd. (shortened hereafter into "Binani") became the landlord by purchase on August 25, 1958, from the then owner, Rakhal Das Pramanick, of 81 Netaji Subhas Road, Calcutta, (for short, "81" hereafter) of which the first defendant, M. Gulamali Abdul Hossain, a proprietary firm, was the tenant on a rent of Rs. 2,000 a month. The remaining defendants, 21 strong, were the sub-tenants of the first defendant.

By a notice dated March 18, 1959, "Binani's" solicitor, Shri D. K. Mitra, determined the tenancy of the first defendant with effect from the following April's end, mentioning therein four grounds of eviction: (1) default in payment of rent from August 25, 1958, to March 18, 1959, (2) reasonable requirement of the landlord, (3) sub-letting without the landlord's consent, and (4) construction of a permanent structure, the very grounds listed in Clauses (i), (f), (a) and (b) respectively of Section (13) (l), Premises Tenancy Act, 12 of 1956. In case the tenant would fail to quit, as demanded, the solicitor, the giver of the notice, threatened -

"........... my client will take such steps as it may be advised for your eviction holding yo


















































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top