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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
A.K.R. Consultants (P) Ltd. – Appellant
Versus
Aiya Khan @ Sohail Khan @ Amanullah – Respondent
| Table of Content |
|---|
| 1. application for judgment on admission. (Para 1) |
| 2. contentions of petitioners regarding tenancy. (Para 2 , 6) |
| 3. prelude of filing the suit and various applications. (Para 5 , 7 , 8 , 10) |
| 4. legal definition of tenant under the west bengal premises tenancy act. (Para 12 , 15) |
| 5. principles regarding judgments based on admissions. (Para 24 , 30) |
| 6. conclusion of the court's judgment. (Para 37 , 38) |
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 con
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.
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