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SOUMEN SEN, AJOY KUMAR MUKHERJEE
Sashi Jain @ Shashi Jain – Appellant
Versus
Sandip Sarkar – Respondent
JUDGMENT
Soumen Sen J.—The appeal is arising out of a judgment and decree dated January 31, 2017 passed by the learned Judge, 10th Bench, City Civil Court at Calcutta in a suit for recovery of possession and injunction being Title Suit No. 2917 of 2010. The learned Trial Court decreed the suit on contest and dismissed the counter claim filed by the defendant.
2. The defendant in the suit is the appellant herein.
3. Shorn of unnecessary details, the plaintiff/respondent is the landlord in respect of the suit premises. The defendant/appellant was a tenant under the plaintiff in respect of the second floor of the suit premises. Earlier to the present suit, the plaintiff/respondent filed a suit for eviction being Ejectment Suit No. 1386 of 2001 in the Small Causes Court at Calcutta for eviction of the defendant/appellant.
4. During the pendency of the suit the appellant expressed her willingness to purchase the second floor of the suit premises. On the basis of the said proposal the parties negotiated, and during such negotiation the plaintiff had agreed to sell the said floor for a consideration of Rs.13 lakhs and the appellant agreed to purchase the said flat at the said consideratio
(1) Parties who have acted in terms of agreement for sale and altered their relationship consciously cannot now go back to their old relationship and seek relief in terms of such relationship.(2) Whe....
A landlord may obtain eviction based on general title even without strict proof of tenancy; the burden of proof lies on the defendant for any contrary claim.
The sale agreement can extinguish the landlord-tenant relationship, as evidenced by substantial payment and conduct of the parties.
An unregistered agreement to sell does not terminate the landlord-tenant relationship unless explicitly stated, and cannot be used to influence substantive rights under the Indian Registration Act.
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