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ANIRUDDHA ROY, I. P. MUKERJI
Jyoti Biswas – Appellant
Versus
Raj Kumar Ghosh – Respondent
JUDGMENT :
Aniruddha Roy, J.
1. This cluster of appeals arose from a common judgment and order dated August 16, 2018 passed in Execution Case No. 146 of 2017 whereby and whereunder the occupiers of an immovable property were directed to be dispossessed. The said cluster of appeals involve same and common question of law for consideration before this Appellate Court and hence, by consent of the parties, the appeals are taken up together, heard and are being disposed of by this common judgment and order.
The Appeal:
2. The appellants are occupiers of various portions of premises no. 2 Jawaharlal Nehru Road, Kolkata-700013 previously known as Chowringhee Road (for short, the suit property) and are the obstructionists resisting an eviction decree dated May 03, 2017, which was a compromise decree for eviction passed in suit no. 524 of 1984 (Raj Kumar Ghosh & Anr. vs. Jayashree Ghose & Ors.) (for short, the second suit). The appellants/obstructionists claimed to be the sub tenants under the predecessors of the first and the second defendants in the Bando’s suit and are still in settled possession and occupation of various portions of the said property. The appellants came to know about the s
(1) Abatement of suit—After abatement of first suit no fresh suit could be brought on same cause of action.(2) Right to future rent—Right to realise future rent and profit from an immoveable property....
In leases of open land, occupants inducted by lessee into self-erected structures are licensees without independent rights; must vacate upon lessee eviction decree, delivering vacant land; no sub-ten....
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 main legal point established in the judgment is that a person who suffered a decree for eviction under the West Bengal Premises Tenancy Act, 1956 cannot be regarded as a tenant and is not entitle....
The main legal point established in the judgment is that a decree obtained by a tenant against a licensee can be executable against subsequent purchasers who are in possession without any lawful decr....
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