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KRISHNA RAO
Debonair Vanijya Private Limited – Appellant
Versus
Eshrat Jahan – Respondent
JUDGMENT :
Krishna Rao, J.
1. The plaintiff has filed the instant application praying for an order directing the respondent to secure the sum of Rs.34,69,200/- and Rs.7,69,481.30/- being the damage/mesne profit @ Rs.980/-per diem from December 1, 2019 to September 30, 2021 along with interest at the rate of 18% per annum up to September 30, 2021 and Rs.980/-per day being the occupational charges till the delivery of possession.
2. The petitioner says that the petitioner is the sole and absolute owner of the property being premises No. 2/1, Ho Chi Minh Sarani having an area of 1 Bigha, 17 Cottahas, 5 Chittaks and 32 sq. ft. One Rahmatullah, since deceased was a monthly tenant in respect of one shop room measuring about 98 square feet on the North-Western corner of the ground floor of the premises initially under one Rabindra Chandra Ghosh, and after his death under his widow Smt. Durgabati Ghosh both since deceased.
3. The said Rahmatullah during his lifetime had stopped paying monthly rent to Smt. Durgabati Ghosh and had started depositing the rent payable in respect of the suit property in the office of the Rent Controller, Calcutta. The suit property being a shop room was let out to
A successor of a deceased tenant has no tenancy rights if the original tenant's death is not communicated, leading to eviction under the West Bengal Premises Tenancy Act.
In eviction cases, interim mesne profits can be ordered only if the tenant's defense is nearly non-existent, and the claim for occupation charges must be reasonable.
Mesne Profits – A tenant who once entered property in question lawfully, continues in possession after his right to do so stands extinguished, is liable to compensate landlord for such time period af....
The main legal point established in the judgment is the determination of mesne profits for unauthorized use and occupation of premises by a tenant, and the court's authority to decree recovery of suc....
The valuation of a suit for recovery of possession must comply with statutory provisions, and claims for mesne profits require a declaration of unauthorized occupation.
The main legal point established in the judgment is that the court has the jurisdiction to direct payment of admitted rent or usage charges during the pendency of a suit, and the landlord is entitled....
A suit for mesne profit is not barred by limitation or by the provisions of Order II Rule 2 of the Code of Civil Procedure, 1908 or by the principle of res judicata or constructive res judicata, if t....
Protection under tenancy laws for non-residential tenants is limited to five years post-death of the original tenant; improper classification of suit leads to jurisdictional dismissal.
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