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IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
S.T.P. Limited – Appellant
Versus
Pritam Kaur – Respondent
| Table of Content |
|---|
| 1. background of tenancy and agreements. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. court's orders and receiver's actions. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 3. appellate procedures and notifications. (Para 16 , 17 , 18 , 19 , 20) |
| 4. evidence and documentation submission. (Para 21 , 22 , 23) |
| 5. analysis of occupancy and legal heirs. (Para 24 , 25 , 26 , 27 , 28) |
| 6. decree for recovery of possession. (Para 29) |
| 7. appointment of special referee for mesne profits. (Para 30 , 31) |
JUDGMENT :
Krishna Rao, J.:
1. The plaintiff has filed the suit against the defendant for recovery of vacant and peaceful possession of the suit premises and for mesne profits. The plaintiff was a Public Limited Company by shares until 19th January, 1985, the name of the plaintiff was “Shalimar Tar Products (1935) Limited”. With effect from 20th January, 1985, the name of the plaintiff company was changed to “STP Limited”. The defendant no. 3 at all material times was the subsidiary of the plaintiff.
2. The Premises Nos. 33 and 34, Park Street, Calcutta, consists of a large plot of open land and several adjoining buildings all forming part of the Estate of the Late T.M. Thaddeus. The building comprised
Defendants' unauthorized occupation of property post-termination of license leads to entitlement of the plaintiff for recovery of possession and constitutes grounds for inquiry into mesne profits.
The main legal point established in the judgment is the right to recovery of vacant and peaceful possession of the property and the appointment of a Special Referee to ascertain the mesne profit.
A lawful tenant retains the right to recover possession from unauthorized occupants, and prior authority to occupy does not confer rights against the landlord.
A successor of a deceased tenant has no tenancy rights if the original tenant's death is not communicated, leading to eviction under the West Bengal Premises Tenancy Act.
The revocation of power of attorney must be communicated to the agent and third parties to be effective; failure to do so renders subsequent transactions valid.
The main legal point established in the judgment is that concurrent findings of facts and law recorded by the lower courts cannot be interfered with unless they are found to be perverse to the extent....
The court ruled that a trial court may appoint a receiver in a suit for injunction to prevent potential chaos, especially when possession claims are contested, without requiring a specific applicatio....
In ex-parte proceedings, unchallenged statements in the plaint are deemed correct, allowing the court to grant decrees for recovery of possession and dues.
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