Back
IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
A.K.R. Consultants (P) Ltd. – Appellant
Versus
Aiya Khan @ Sohail Khan @ Amanullah – Respondent
JUDGMENT :
BISWAROOP CHOWDHURY, J.
1. This is an application filed by the petitioners/plaintiffs praying for the following reliefs:
a) Judgment on admission and decree for eviction against the defendant nos. 5(a) 5(b) and 5(c) from the open area marked in pink hatch on the map being annexure ‘B’ to the plaint.
b) Injunction restraining the defendant nos. 5(a), 5(b) and 5(c) from parting with possession of or in any manner dealing with the open are a marked in pink hatch on the map being annexure ‘B’ to the plaint.
c) Ad-interim order in terms of prayers above.
d) Costs of and incidental to this application be borne by the defendant nos 5(a), 5(b) and 5(c).
e) Such further or other order or orders and/or direction or directions as this Hon’ble Court may deem fit and proper.
2. The contention of the Petitioners/plaintiffs in the suit being C.S. No. 136 of 2006 may be summed up thus:
1. The plaintiff no. 3 as owner on or about February 1978 had let out a portion of the premises no. 12, Armenian Street being the shop room no. 10 on the ground floor more fully described in the schedule ‘A’ to the plaint to the plaintiff no. 2 with a right to sublet.
2. The plaintiff no-2 on or about August 2000 h
Defendants lose tenancy rights after five years from the original tenant's death; plaintiffs' eviction order upheld based on lack of legal tenancy.
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....
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.
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 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.
To claim protection under the Bombay Rent Act, a defendant must prove a subsisting license agreement before the cut-off date of 01/02/1973; mere occupation does not confer tenancy rights.
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
