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SOUMEN SEN, AJOY KUMAR MUKHERJEE
Balai Chowdhury – Appellant
Versus
Sudhirranjan Biswas – Respondent
JUDGMENT :
1. The appellant is not represented, nor any accommodation is prayed for. The appellant was also not represented on the earlier occasion, when we make it clear that in the event the appellant goes unrepresented on the adjourned date, the admission of the second appeal would be decided on the basis of the materials available on record.
2. Being aggrieved and dissatisfied with the judgment and decree dated March 29, 2019 passed by the learned Civil Judge (Senior Division), Bishnupur, Bankura in Title Appeal No. 3 of 2018 the present appeal has been filed.
3. The plaintiff’s case in brief is that the father of the plaintiff inducted the defendant as a tenant at a monthly rent of Rs.20/- and after the death of plaintiff’s father, the defendant continued to remain as a tenant in the suit premises and the rate of rent was enhanced at Rs.50/- according to Bengali calendar month.
4. In the meantime, the plaintiff developed the suit premises and the defendant continued to remain as a tenant over the suit premises at a monthly rent of Rs.200/- according to Bengali calendar month. The defendant paid rent up to Chaitra 1415 B.S. in respect of the suit premises and failed to make payment
The validity of an eviction notice under Section 106 of the Transfer of Property Act is upheld when the tenant fails to pay rent, confirming the jurisdiction of civil courts to hear eviction cases.
Landlord-tenant relationship established as a lease under the Transfer of Property Act; valid termination notice suffices for recovery of possession, regardless of alleged arrears.
A notice is essential for terminating tenancy under Section 106 of the Transfer of Property Act, and default in rent payment is irrelevant if the Rent Control Act does not apply.
The acceptance of rent after the expiration or determination of the lease does not create a new tenancy and does not afford ground for holding that the landlord had assented to a new contractual tena....
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