Back
AJOY KUMAR MUKHERJEE
Chittaranjan Sinha (Since Deceased), Smt. Latika Sinha – Appellant
Versus
Kanaklata Biswas – Respondent
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. This second Appeal has been preferred challenging the impugned judgment and decree dated 31st January, 2003 passed by the learned District Judge, Hooghly in T.A. No. 78 of 2002, thereby reversing the judgment and decree dated 31.01.2002 passed by the learned Civil Judge (Junior Division) 1st Court Hooghly in T.S. No. 217 of 1996.
2. The brief background of the present case as narrated in the plaint is that the suit property originally belonged to one Biswamohan Dutta from whom original plaintiff Chittaranjan Sinha Purchased the same by two separate registered sale deeds dated 13.06.1991 and 24.01.1992. The original defendant was a tenant at monthly rent of Rs. 60/- payable according to English Calendar Month. During pendency of the suit original defendant died and the present respondents being his legal heir have been substituted. Plaintiffs’ further case is that his family consists of himself his wife and their only issue i.e. their married daughter Smt. Mousumi Karmakar and son-in-law Prabir Karmakar. Plaintiffs further contention is that plaintiff and his wife are persons of advanced age and have been suffering from different physical ailments
The central legal point established in the judgment is that the reasonable requirement of the landlord for the suit premises, including the accommodation of his married daughter and son-in-law, shoul....
The death of a landlord necessitates that a legal heir must establish their own bonafide requirement for premises independently, distinguishing it from the deceased's claims.
The landlord's requirement for eviction must be reasonable and adjudged by common standards, and it must continue to exist at the time of the final disposal of the proceeding.
The requirement of the landlord for eviction must be judged based on the circumstances at the time of filing the petition, and subsequent events do not affect the bonafide need established by the lan....
Tenancy and Land Lord - Bona fide & ‘need’ - If a landlord is in genuine and bona fide need of a tenanted portion, tenant cannot legally raise the issue that space available with landlord is adequate....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
