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1986 Supreme(Online)(Cal) 4

CALCUTTA HIGH COURT
A., J
Rajat Bose v. M/s. Yogo Intraco Pvt. Ltd.


Advocates:
For the Appellants/Petitioners: Mr. Roy Chowdhury
For the Respondents: Mr. Das, Mr. Sen

Table of Content
1. applicability of tenancy law. (Para 1)
2. tenant and landlord obligations under lease. (Para 2 , 3 , 4)
3. court's analysis of tenant status. (Para 5 , 6)
4. definition of landlord and tenant under the law. (Para 7 , 8)
5. legal precedent supporting tenant protection. (Para 9)
6. proceedings for eviction. (Para 10)
7. final ruling and dismissal of the suit. (Para 11 , 12)

1. The short point in this appeal is whether or not the provisions of S.13 of the West Bengal Premises Tenancy Act, 1956 applied to the tenancy held by the defendant appellant under the plaintiff respondent in respect of two rooms in the north - eastern portion of the first floor of Premises No. 24B, Theatre Road, Calcutta.

2. On Aug. 4, 1962, the plaintiff respondent had obtained from the then owner, Anil Kumar Mitra, a lease for 21 years from 1st Sept. 1962 in respect of the northern portion of the first floor of the said 24B, Theatre Road. On 1st Nov. 1976 the plaintiff had inducted the defendant as a monthly tenant under him in respect of the disputed two room flat in north eastern portion of the said first floor covered by the aforesaid demise in plaintiffs favour dated the 4th Aug. 1962. Accordi










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