Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | West Bengal Premises Tenancy Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Transfer of Property Act, 1882 (4 of 1882) West Bengal Premises Tenancy Act, 1956 (12 of 1956) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | West Bengal Premises Tenancy Act, 1956: s.13(1)(j)-Grounds of eviction-Tenant's notice to quit-Expression 'We shall vacate the premises within next 6/8 months used-Notice whether vague and uncertain-Whether falls under s.106 of the Transfer of Property Act, Tenant whether estopped from challenging it. Clause (j) of s.13(1) of the West Bengal Premises Tenancy Act, 1956 empowers the court to order recovery of possession of any premises in favour of the landlord where the tenant has given notice to quit but has failed to deliver possession in accordance with such notice. The appellant-tenant while remitting monthly rent by postal money order stated in the coupon that they shall vacate the premises within the next 6/8 months. This was taken note of by the respondent landlord in his subsequent letter. When the tenant failed to deliver vacant possession of the premises the respondent flied a suit for ejectment under s.13(1)(j), which was contested by the tenant contending that it was never intended by him to vacate the premises and that the said statement in the money order coupon was not made by him but by his brother without any authority from him.The trial court dismissed the suit holding that the statement in the money order was neither written by the appellant nor by his authorised agent and accordingly it did not amount to a notice to quit within the provision of s.13(1)(j) of the Act. The lower appellate court affirmed the finding of the trial court, but held that the said statement in the money order coupon was made by the brother of the appellant under his specific instruction. Respondent's second appeal was allowed by the High Court, which took the view that the statement in the money order coupon constituted a valid notice to quit within the meaning of s.13(1)(j) In this appeal by special leave it was contended for the appellant that the notice to quit was vague and uncertain and as it did not comply with the provisions of s. 106 of the Transfer of Property Act it was defective and could not be treated as a notice to quit within the meaning of cl.(j) of s.13(1) of the Act. |
Judge | Hon'ble Mr. Justice M.M. Dutt |
Neutral Citation | 1987 INSC 21 |
Petitioner | Dipak Kumar Ghosh |
Respondent | Mira Sen |
SCR | [1987] 1 S.C.R. 1108 |
Judgement Date | 1987-01-22 |
Case Number | 1160 |
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