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SOUMEN SEN, AJOY KUMAR MUKHERJEE
Madan Lal Shaw – Appellant
Versus
Kartick Kumar Gupta – Respondent
ORDER :
1. This second appeal has come up for admission. However the appellant is not represented nor any accommodation is prayed on his behalf.
2. On the basis of the judgments of both the courts below and the materials available on record we propose to examine, if there is any substantial question of law involved in the second appeal.
3. The second appeal is arising out of the appellate judgment and decree dated 16th September, 2017 passed by the learned Additional District Judge, Fast Track Court-II, Howrah, in Title Appeal No. 106 of 2016 affirming the judgment and decree dated 28th June, 2016 passed by the learned Civil Judge (Junior Division), 4th Court, Howrah, in Title Suit No. 138 of 2012.
4. It appears that plaintiff filed Title Suit No. 138/2012 contending that plaintiff is the absolute and exclusive owner of the two storied pakka building of residential accommodation on the first floor and shop rooms in the ground floor. Plaintiffs father inducted defendant as a tenant in respect of one shop room in the front side and one godown of the back side, on the ground floor of the said building at a monthly rental of Rs. 150/-without electricity. The tenancy of the defendant is gui
In a landlord-tenant dispute, the factum of ownership or title is not required to be proved as strictly as in a title suit. Admissions made by the defendant are crucial in determining the relationshi....
The establishment of the landlord-tenant relationship requires evidence of tenancy particulars, and the court must consider the entitlement of the defendant to the suit premises.
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.
The burden of proof in establishing the landlord-tenant relationship and the consequences of non-compliance with court orders were central to the judgment.
The burden of proof shifts to the defendant to establish the Thika tenancy and his status as a Bharatia under the Thika tenant.
The main legal point established in the judgment is that a tenant's request for clarification about the derivative title of the landlord, without renouncing the status as a tenant, may not be treated....
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