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SHAMPA SARKAR
Fusie Chung Chen – Appellant
Versus
Sri Muktalal Shaw – Respondent
JUDGMENT :
(Shampa Sarkar, J.) :
1. This revisional application has been filed challenging the order No.63 dated September 8, 2022 passed in Ejectment Suit No.96 of 2013 re numbered as Ejectment Suit No.5497 of 2014. The order impugned was passed by the learned Judge, 4th Bench, Presidency Small Causes Court, Calcutta.
2. By the order impugned, the application filed by the petitioner under Order 1 Rule 10(2) of the Code of Civil Procedure, was rejected and a date was fixed for evidence of DW, as a last chance.
3. The eviction suit was filed on the ground of default and sub-letting.
4. The petitioner filed a written statement as defendant and questioned the maintainability of the suit. The claim of the plaintiff to be the karta of Mati Lall, Chuni Lall and Mukta Lall Shaw, a Hindu Undivided Family, was denied. The petitioner claimed that the said beauty parlour was a running business and the question of subletting did not arise, and the petitioner was not a habitual defaulter. That petitioner filed an application under Section 36 of the West Bengal Premises Tenancy Act, 1997 being R.C. Case No.128/36/2011 for an order of repair of the suit premises. That the plaintiff/opposite pa
A person who is a necessary and proper party to a suit should be added as a defendant, even if they have been contesting the suit as a defendant.
The main legal point established in the judgment is that an amendment to the plaint on the ground of misdescription of the plaintiff can be allowed if it is essential for determining the real questio....
Eviction of tenant – Bonafide requirement of landlord - filing of the application at the stage when respondents had already availed four opportunities to lead evidence, demonstrated that the same was....
A co-owner can maintain an eviction petition without other co-owners' consent, provided there are no objections, reaffirming that the landlord-tenant relationship must be established for eviction und....
The burden of proof for unlawful subletting shifts to the tenant once the landlord establishes exclusive possession by a third party.
A tenant denying a landlord's ownership must vacate the property and pursue separate legal action to establish title, reinforcing the court's ruling that the ejectment suit was valid.
The court established that a landlord-tenant relationship suffices for eviction under the Maharashtra Rent Control Act, regardless of ownership, emphasizing unlawful subletting and rent default as gr....
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