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AJOY KUMAR MUKHERJEE
Zubeda Khatoon, Since deceased, Represented by Shahzad Ahmed – Appellant
Versus
Md. Shamim – Respondent
JUDGMENT
1. The present Second Appeal has been directed by the appellant being aggrieved and dissatisfied with the judgment and decree dated 8th February, 2006 passed by the learned 6th Bench, City Civil Court, Calcutta in T.A. no. 82 of 2005 affirming the judgment dated 6th July, 2005 passed by the learned 3rd Bench, Small Causes Court, Calcutta in Ejectment Suit No. 557 of 2001.
2. Brief background of the present appeal is that the respondents/plaintiffs filed aforesaid suit for eviction of the defendant/appellant from the suit premises, occupied by the defendant as a tenant under the plaintiffs at a rental of Rs. 30 per month, payable according to English Calendar month. The plaintiffs in the plaint alleged that the defendant is a defaulter in payment of rent in respect of the suit premises since the month of August, 1981 and as such the plaintiff terminated the tenancy of the defendant in respect of the suit premises by serving notice under section 13(6) of the West Bengal Premises Tenancy Act, 1956 (Act of 1956) asking him to vacate the suit premises with the expiry of the month of June 1986. As the defendant failed to vacate the suit premises inspite of the termination of tenan
The burden of proof shifts to the defendant to establish the Thika tenancy and his status as a Bharatia under the Thika tenant.
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 main legal point established in the judgment is that the Plaintiff must prove the relationship of landlord and tenant to be entitled to the reliefs sought in an eviction suit.
A Bharatia under a Thika Tenant is not a tenant within the meaning of the Premises Tenancy Act.
Point of law: “Any aggrieved party” the expression employed in Section 20(1), means a person feeling aggrieved by the ultimate decision, that is, the operative part of the order. A party to the proce....
The landlord-tenant relationship is vital for eviction suits; title issues cannot be resolved without proper framing and processes in appellate proceedings.
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