CALCUTTA HIGH COURT
BANERJEE, J
Tide Water Oil Company (India) Ltd. (M/s.) v. K. D. Banerjee
| Table of Content |
|---|
| 1. ownership dispute between landlord and tenant. (Para 1 , 2) |
| 2. court's acceptance of evidence leading to suit dismissal. (Para 3 , 4) |
| 3. correct procedures for notice and tenant's responsibility. (Para 6 , 10) |
| 4. court's determination on reasonable requirement and ailment claims. (Para 12 , 18) |
| 5. issues of evidential burden and preservation of records. (Para 19 , 20) |
1. The plaintiff has instituted the suit on the allegation that he is the owner of the property in question. The defendant, Messrs Tide Water Oil Company, was the tenant regarding the premises in question in the front portion of that building under him at a monthly rental of Rs.650/- payable according to English calendar. Previously, he was posted in Bombay. At that time, one Mr. K.L. Gupta, defendant's officer, was transferred to Calcutta. The latter persuaded the plaintiff to let out the front portion of the ground floor of the house including the front lawn, the garden and the garage. He had been assured by Mr. Gupta that the demised portion would be vacated after he was transferred from Calcutta or on his retirement from service, whichever was earlier. That proposal was accepted. The plaintiff has re
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