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SHAMPA SARKAR
Billy Mehra – Appellant
Versus
Ramesh Chandra Thakkar – Respondent
JUDGMENT :
SHAMPA SARKAR, J.
1. This revisional application arises out of an order dated May 18, 2022, passed by the learned Civil Judge (Senior Division), 2nd Court at Alipore, South 24 Parganas, in Title Suit No. 65 of 2016.
2. By the order impugned, the learned Judge rejected the application under Order 12 Rule 6 read with Section 151 of the Code of Civil Procedure, filed by the petitioner. The petitioner is the plaintiff/landlord in the suit for eviction. The suit for eviction of a trespasser, in terms of Section 2 (g) of the West Bengal Premises Tenancy Act, 1997 was filed. The plaintiff contended that the defendants were trespassers as they did not have any right to remain in the premises after five years from the death of the original tenant.
3. An application for judgment on admission as per the averments made by the tenants/defendants in the written statement, was filed. The learned court was of the view that a trial was required as there was no clear and unequivocal admission in the written statement.
4. According to the petitioner, learned court below erred in coming to the conclusion that the defendant no. 2 being the widow of the original tenant, had the right to continue l
The main legal point established in the judgment is that a statement made by a party in another suit can be treated as an admission and form the basis for a judgment and decree upon admission in a su....
Defendants lose tenancy rights after five years from the original tenant's death; plaintiffs' eviction order upheld based on lack of legal tenancy.
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.
Whether there is a clear admission or not cannot be decided on the basis of a judicial precedent. The dispute with regard to the extent of the tenancy of the defendants being relevant in deciding the....
The court established that tenancy rights under the 1956 Act were not extinguished by the 1997 Act, emphasizing the necessity of clear admissions for eviction under CPC.
Landlord can obtain possession of premises upon clear admissions about tenancy relations and formal lease termination, regardless of tenant's claims of extensions based on rent acceptance.
Judgment on admissions may be granted under Order XII Rule 6 when the Defendant accepts the tenancy and terms of rent, despite challenges to ownership.
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