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IN THE HIGH COURT AT CALCUTTA
RAVI KRISHAN KAPUR
Tapan Mitra – Appellant
Versus
Tushar Chawla – Respondent
JUDGMENT :
Ravi Krishan Kapur, J.
1. This revisional application arises out of an order dated 23 April 2025 passed by the Learned Civil Judge, (Junior Division), 2nd Additional Court at Alipore, South 24 Parganas in Title Suit No. 1676 of 2023. By the impugned order, an application under Order 12 Rule 6 read with section 151 of the Code of Civil Procedure filed by the plaintiff/petitioner has been dismissed.
2. The suit is for eviction and mesne profits. The suit premises comprises of a residential flat situated in the heart of South Kolkata on the northern portion of the second floor of premises no. 7 Clarke Street, Kolkata- 700026 which consists of two bedrooms, one dining room, one hall, one kitchen and two bathrooms.
3. Initially, the petitioner’s mother one Subarna Mitra since deceased as the original landlord had by a letter dated November 21 1970 inducted M/s. Kapoor and Chawla at a monthly rent of Rs. 650/- and Rs. 250/- (for other facilities and fittings) respectively to the entirety of the second floor of the suit premises. In or about 1999, the partnership firm stood dissolved and both the partners Pradip Kapoor and Suresh Chawla respectively became independent tenants in re
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....
Defendants lose tenancy rights after five years from the original tenant's death; plaintiffs' eviction order upheld based on lack of legal tenancy.
Protection under tenancy laws for non-residential tenants is limited to five years post-death of the original tenant; improper classification of suit leads to jurisdictional dismissal.
Clear and unambiguous admissions by the defendant in a suit for possession can warrant a judgment on admission under Order 12 Rule 6 CPC. The expiration of a lease by efflux of time does not amount t....
The withdrawal of the right to inherit tenancy under subsequent legislation and the discretionary power of the court under Order XII Rule 6 of the Code.
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