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KRISHNA RAO
Karnani Properties Limited – Appellant
Versus
J. S. India Private Limited – Respondent
JUDGMENT :
Krishna Rao, J.
1. The plaintiff has filed the present application being G.A. No. 2 of 2021 in CS (Com) No. 253 of 2024 (Old No. CS 60 of 2021) under Order XIIIA of the Code of Civil Procedure, 1908 for summary judgment.
2. The plaintiff has filed the suit praying for eviction and recovery of khas possession of the suit property and mesne profit. The plaintiff is the owner of “Karnani Mansion” situated at premises nos. 21, 23, 25A, 25B, 27A, 27B, 29, 31, 33, 35, 37, 39, 43, 45, 47, 55 and 57 situated at Park Street, Kolkata-700016 including the suit property being Shop nos. “E” and “F” measuring an area of 2,200 sq.ft. including mezzanine floor measuring an area of 500 sq.ft.
3. The Directors and shareholders of the defendant company, namely, Sanjay Kumar Shaw and Rajesh Kumar Jaiswal were earlier in their individual capacities, inducted into the suit property as tenants by the plaintiff. The plaintiff has initiated an Ejectment Suit against Shri Sanjay Kumar Shaw and Rajesh Kumar Jaiswal in the year 2005 before the Learned Court of City Civil Court at Calcutta.
4. Mr. Sabyasachi Choudhury, Learned Senior Advocate representing the plaintiff submits that during the pendency of
Summary judgment requires clear evidence from the plaintiff, and the existence of triable issues necessitates a full hearing.
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.
The suit for possession was maintainable without seeking a declaration of title as the plaintiff's title was not challenged, and the appellant's possessory claim was derived from a lease deed with a ....
The main legal point established in the judgment is the Court's discretion to grant relief under Order XII Rule 6 of CPC based on admissions of fact, and the requirement for a strong defense to succe....
Ownership issues cannot be determined in eviction suits, and certified copies of public documents are admissible in evidence.
A plaint must be read meaningfully to determine if it discloses a cause of action; issues of jurisdiction and limitation are to be resolved at trial.
An unregistered lease deed can be looked into for a collateral purpose, namely, to prove the existence of a jural relationship between the parties.
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