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BISWAJIT BASU
Chiranjib Mitra – Appellant
Versus
Keya Roy – Respondent
JUDGMENT
Biswajit Basu, J. - This is a second appeal by the plaintiffs-landlords against the appellate decree dismissing the plaintiffs' ejectment suit. The plaintiffs filed the said suit being Ejectment Suit No. 24 of 2008 before the learned Judge, 4th Bench, Presidency Small Causes Court of Calcutta for eviction of the defendants, the respondents herein, on the grounds that the plaintiffs require the suit property for their own use and occupation and for the use and occupation of the members of their family, the defendants have sublet the suit property without obtaining prior written permission from the plaintiffs and they are also defaulter in payment of rent since September, 2005.
2. The suit was contested by the defendant no. 1 only. The said defendant in her written statement apart from denying the plaint case, took a specific defence that Ajay Narayan Roy (hereinafter referred to as 'Ajay'), was the original tenant and he used to stay in the suit property along with his four brothers, since deceased in joint mess. The said Ajay died on October 31, 1983 and after his death, the rent receipts were issued in favour of his brother, Ranjit Narayan Roy(hereinafter referred to as 'Ra
The main legal point established in the judgment is the interpretation of the West Bengal Premises Tenancy Act, 1997, regarding the implied surrender of tenancy and the maintainability of a suit for ....
Suit for eviction of tenant - Ex-parte Decree - Joint Tenant - Appellants had knowledge about ex-parte decree prior to death of Joint Tenant.
The withdrawal of the right to inherit tenancy under subsequent legislation and the discretionary power of the court under Order XII Rule 6 of the Code.
Subletting under the Maharashtra Rent Control Act is established if the tenant is absent and family members occupy the premises without concurrent residence with the tenant, failing to negate the sub....
Tenant - Revision-applicant who is claiming to be joint tenant of property being son of late original tenant who according to revision-applicant was original tenant of premises in dispute, is neither....
Successors of statutory tenants under the Rent Act do not inherit liability but continue under existing obligations, ensuring landlords retain their rights for eviction despite tenant succession.
The tenancy rights of the original tenant's children are limited to a period of five years from the tenant's death, as per Section 2(g) of the West Bengal Premises Tenancy Act, 1997.
Upon the expiration of a lease, if not renewed, the tenancy reverts to a month-to-month basis, which can be terminated with proper notice.
The burden of proof in establishing illegal subletting and the interpretation of legal provisions related to withdrawal of earlier proceedings were central to the judgment.
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