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IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
Lakshmi Thakurani – Appellant
Versus
Promod Kumar Agarwal – Respondent
| Table of Content |
|---|
| 1. plaintiff seeks eviction (Para 1) |
| 2. lease details (Para 2) |
| 3. lease expiration notice (Para 3 , 5 , 6) |
| 4. defendants' response (Para 4) |
| 5. plaintiff's claim (Para 7) |
| 6. defendants' defense (Para 8) |
| 7. rent acceptance argument (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 8. triable issues raised (Para 22) |
| 9. application dismissed (Para 23) |
JUDGMENT :
Krishna Rao, J.
1. The plaintiff has filed the present application under Chapter XIIIA of the Original Side Rules of this Court for summary judgment and decree for eviction of the defendants and for recovery of khas possession of the suit property. The plaintiff is the sole and absolute owner of the Municipal premises No. 117, B.K. Pal Avenue, P.S. Jorabagan, Kolkata – 700 005 along with four storied building standing thereon, by way of registered Deed of Declaration dated 29th May, 1963. The said property was originally belonged to one Sambhu Kumar Pal, who dedicated the said property to the deity. In the said Deed of Declaration, Sambhu Kumar Pal, appointed himself as first Shebait of the said deity and provided that after his demise, his wife Shanti Bala Pal and his son Shyamal Kumar Pal would succeed
A summary judgment cannot be granted if the defendant raises triable issues, including the status of tenancy and acceptance of rent post-lease expiration.
A registered letter returned with the endorsement “Not Claimed” is tantamount to good service and is valid service upon the addressee.
A judgment on admission under Order 12, Rule 6 of the CPC requires a clear and unequivocal admission by the defendant, which was not present in this case.
The acceptance of rents irregularly by the landlord does not amount to waiver of the right to terminate the lease, and the provisions of the Rent Control Act do not apply to the case.
The tenant's failure to pay rent and timely file for standard rent fixation leads to eviction under the Bombay Rent Act, despite claims of payment to co-owners.
Upon the expiration of a lease, if not renewed, the tenancy reverts to a month-to-month basis, which can be terminated with proper notice.
A tenant's failure to communicate rent deposits and respond to rent demands constitutes default, justifying eviction under the Bombay Rent Act.
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.
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