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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Gita Das – Appellant
Versus
Lily Das – Respondent
Judgment :
Madhuresh Prasad, J.
1. The appellant was the plaintiff in a suit for ejectment. The eviction was sought on the ground of reasonable requirement and on the ground of default. The trial court decreed the suit in favour of the plaintiff directing the defendant therein to deliver khas possession to the plaintiff failing which the plaintiff was granted liberty to get the decree executed through the court.
2. The tenant being aggrieved by and dissatisfied with the decree preferred the instant appeal. The first appellate court namely, the Court of learned Additional District Judge, Fast Track 2nd Court, Sealdah, had allowed the appeal of the tenants setting aside the decree pronounced by the learned Civil Judge (Junior Division), Additional Court, Sealdah. The same is the subject-matter of the present appeal at the instance of the plaintiff/landlord.
3. The brief factual matrix of the case is that the tenants were occupying an asbestos shed pucca room in the first floor with common bath and privy being the suit premises. The same was possessed by the defendants in the capacity of a tenant at a monthly rental value of Rs.199.50. It is the case of the plaintiff that the tenancy was
A valid notice under section 13(6) of the West Bengal Premises Tenancy Act must provide a full month’s notice expiring with the month of tenancy for eviction to be lawful.
The validity of a notice to quit under Section 106 of the Act of 1882 and the applicability of relief against eviction under Section 114.
The statutory tenant retains rights against eviction despite termination of a contractual tenancy without a court order, as established in prior Supreme Court rulings that override lower court interp....
The court reaffirmed the necessity of tenant's written undertaking for eviction under tenancy laws, emphasizing the validity of served notice despite claims of inadequate authority.
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