Back
IN THE HIGH COURT AT CALCUTTA
SUGATO MAJUMDAR
Sanjay Agarwal – Appellant
Versus
Rita Deb – Respondent
Judgment :
Sugato Majumdar, J.
The instant appeal is preferred against the judgment and decree in appeal passed by the Civil Judge, Senior Division, 2nd Court (Additional), Burdwan dated 27th June, 2001 wherein the Appellate Court upheld the judgment and decree passed by the Trial Court and dismissed the appeal.
The original Title Suit No. 86 of 1992 was filed for eviction of tenant and recovery of possession. One Khealiram Agarwal was the original tenant in respect of one room on the ground floor of the suit premises where the said Khealiram Agarwal used to run grocery shop. The suit premises was very old and dilapidated and required immediate repairing. That apart, the Plaintiffs/Respondent also required the suit premises for own use and occupation after building and rebuilding the same. The original tenant was asked to vacate the premises and the notice was issued under which on expiry of the month of January 1992, tenancy became determined. It was the plea of the Plaintiffs/Respondent that the husband of the Plaintiff No.1 was about to retire and hence needed the suit premises for running business. Postal article, namely, the said notice returned with endorsement “not claimed”. I
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.
Tenancy and Land Lord - Bona fide & ‘need’ - If a landlord is in genuine and bona fide need of a tenanted portion, tenant cannot legally raise the issue that space available with landlord is adequate....
The landlord's genuine requirement for additional accommodation for personal use entitles the landlord to use it as best suits the requirement, and subsequent events may be considered to have oversha....
Heirs of a deceased landlord must establish their own bonafide requirement for eviction; the original requirement does not automatically extend to them.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
