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SIDDHARTHA ROY CHOWDHURY
Baijnath Choubey & Company – Appellant
Versus
Rashmi Kant Vijay Chandra – Respondent
JUDGMENT :
(Siddhartha Roy Chowdhury, J.)
1. Challenge in this appeal is to the judgement and decree passed by learned Judge, 4th Bench, City Civil Court at Calcutta in Title Appeal No. 14 of 2018, reversing thereby the judgement and decree dated 27th November, 2017 passed by learned 6th Bench of Presidency Small Causes Court, Calcutta in Ejectment Suit No. 1079 of 2002 as well as order dated 25th July, 2019, rejecting thereby the cross-objection to the decree.
2. For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.
3. Briefly stated, by executing a deed of settlement on 19th February, 1933(Vide order dated 19.09.2023.), one Harak Chand Beljee settles the premises nos. 37, 38 and 39 of Ezra Street, Kolkata-700001 upon the trust. One Baijnath Choubey was inducted as a tenant in respect of three rooms, one showcase on the ground floor and seven rooms on the first floor of the premises nos. 37, 38 and 39 of Ezra Street, Kolkata-700001 at monthly rental of Rs. 456/- payable according to English Calendar month. The tenancy stood in the name of M/s Baijnath Choubey and Co. Baijnath Choubey died leaving behind a Will dated 24th Sept
Second appeal – High Courts are required to hear second appeals under Section 100 of CPC only on the satisfaction that there exists a substantial question of law and the appeal has to be heard on que....
Eviction of partners from unregistered firms must adhere to statutory provisions of the Indian Partnership Act regarding legal standing and misrepresentation in earlier suits.
The burden of proof for unlawful subletting shifts to the tenant once the landlord establishes exclusive possession by a third party.
The main legal point established in the judgment is that the suit was maintainable under the Indian Trusts Act, as the defendant failed to prove the absence of a jural relationship between the partie....
The court upheld the eviction decree based on default in rent and unlawful subletting, emphasizing the necessity of compliance with rent control provisions.
The death of a partner in a partnership firm does not cause abatement of appeals against the firm under Order XXX of the Code of Civil Procedure.
A tenant does not sublet the premises merely by executing a Power of Attorney in favor of a partner of the firm.
The attornment of tenancy by the original landlord and the passage of twelve years since the attornment were crucial in establishing the entitlement and status of respondents No.1 to 5.
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