Back
IN THE HIGH COURT AT CALCUTTA
SUPRATIM BHATTACHARYA
Goutam Dutt – Appellant
Versus
Namita Busfore & Kumari Rumpa Busfore – Respondent
JUDGMENT :
SUPRATIM BHATTACHARYA, J.
Supratim Bhattacharya, J.
1. The present miscellaneous appeal has been preferred being aggrieved by and dissatisfied with the order passed by the learned Additional District Judge, 2nd Court, Jhargram Paschim Medinipur on 18.01.2018 in Title Appeal No. 7 of 2015. Through the said order, the learned Additional District Judge has passed the following:
“Hence it is Ordered
That instant Title Appeal being no. 07/2015 be and the same is allowed on contest but without costs. The impugned judgment and decree passed in Title Suit No. 46/2012 by the Ld. Civil Judge (Junior Division) Jhargram, Paschim Medinipur on 26/02/2015 is hereby set aside. Let the suit be remanded before the Ld. Court below on open remand and the Ld. Court below will give opportunity to both the parties to amend their pleadings, if any, and to adduce further evidence if so prays by any party and to dispose of the suit without being influenced by the observations made in the body of the judgment as, expeditiously as possible.
Let the copy of this judgment be sent down along with the LCR to the Ld. Court below immediately for his information.”
2. Factual matrix of the case
Before the Trial Co
Owner's right to evict licensees prevails over licensee claims to occupancy, especially when the owner's license revocation is communicated, necessitating evidence of ownership clarity.
The central legal point established in the judgment is that tenants are estopped from denying the title of the landlord under Section 116 of the Evidence Act and Section 106 of the T.P. Act.
A dismissal of an earlier suit without merit does not preclude subsequent claims; the plea of adverse possession admits the owner's title.
The court emphasized the importance of clear, unambiguous, and unconditional admissions for the exercise of discretion under Order XII Rule 6 of the CPC and highlighted the principle that possession ....
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
