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KRISHNA RAO
Turner Morrison Ltd. – Appellant
Versus
Julies Herbal Beauty Clinic – Respondent
JUDGMENT :
Krishna Rao, J.
1. The plaintiff has filed the suit against the defendants for recovery of vacant and peaceful possession of the suit premises being flat no.5 on the second floor together with a godown and a garage of the building at the premises no. 36, Shakespeare Sarani (formerly known as Theatre Road), Calcutta and a decree for mesne profits against the defendant no.1 for Rs.21,90,000/-.
2. The plaintiff is a monthly tenant of Flat No.5 situated on the Second Floor of a building at the premises no.36, Shakespeare Sarani, Calcutta under the Trustees of Rai Bahadur Bissessuelal Motilal Halwasiya Trust.
3. The suit premises consists of three bed rooms, three baths, balconies, one Drawing Room, one Dining Room, one Kitchen along with store room no.13 on the first floor and covered garage no.19 on the ground floor and the said flat was furnished and was equipped with various furniture and fittings, such as, dinning table, wardrobe, sofas, writing table, ceiling fans etc.
4. On or around 25th September, 1972, the defendant no.1 (since deceased) was appointed as a Director in the plaintiff company and was subject to retirement by rotation. The defendant no.1 on the basis of such
A lawful tenant retains the right to recover possession from unauthorized occupants, and prior authority to occupy does not confer rights against the landlord.
The main legal point established in the judgment is the right to recovery of vacant and peaceful possession of the property and the appointment of a Special Referee to ascertain the mesne profit.
Defendants' unauthorized occupation of property post-termination of license leads to entitlement of the plaintiff for recovery of possession and constitutes grounds for inquiry into mesne profits.
A successor of a deceased tenant has no tenancy rights if the original tenant's death is not communicated, leading to eviction under the West Bengal Premises Tenancy Act.
In eviction proceedings governed by rent control laws, a landlord need not prove absolute title, only the right to possession. A licensee is estopped under Section 116 of the Evidence Act from questi....
The court affirmed that a licensee cannot claim protected tenancy without proving exclusive possession as of 1 February 1973 under Section 15A of the Bombay Rent Act.
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