Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | West Bengal Premises Tenancy Act, 1956; Ss. 13(1) & 13(6)(g)/Code of Civil Procedure, 1908; Ss. 2(h), 100 & 103: Execution of an agreement of licence of the suit property-Widow having life estate transferring it in favour of alleged licensee-Subsequent sale thereof by her son-Vendee filing a title suit for eviction and possession-Dismissed by Trial Court holding that the agreement was an agreement of licence and the licence was irrevocable/Reversed by the first Appellate Court-On appeal, reversed by the High Court holding the agreement as agreement of tenancy and not licence-On appeal, Held: Exclusive possession of the premises given for monetary consideration with a clause for renewal of the licence,ยท and respondent making payment of municipal taxes and also made improvement on the properties-Son of the landlady/vendor consented to the agreement-Landlady issuing rent receipts-Hence, intention, conduct and surrounding circumstances go to show that the agreement was for tenancy in disguise of a licence. Agreement-Nature of-Substantial question of law-Not adjudicated upon-Power of the High Court-Held, since plea of tenancy raised before the first Appellate Court but not adjudicated upon, High Court rightly invoked provisions under Section 103 CPC and gave its finding against the Vendee--Appellant/Vendee failed to make any ground u/s 13(1) of the Act nor gave notice under Section 13(6)(g) of the Act-Hence, title suit falls. |
Judge | Honble Mr. Justice S.H. Kapadia |
Neutral Citation | 2004 INSC 73 |
Petitioner | Achintya Kumar Saha |
Respondent | M/s. Nanee Printers And Ors |
SCR | [2004] 2 S.C.R. 28 |
Judgement Date | 2004-01-30 |
Case Number | 6203 |
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