Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1899 S.28: (6)/Transfer C of Property Act S 13(1)(e) 1956 S.108/West Bengal General Clauses Act 1882 Rent Control & Eviction: West Bengal Premises Tenancy Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rent Control & Eviction:West Bengal Premises Tenancy Act, 1956; S.13(1)(e), (6)/Transfer of Property Act, 1882; S.108/West Bengal General Clauses Act, 1899; S.28: Eviction Petition for recovery of possession and mesne profit - Notice to tenants-Requirements of - Tenant causing damage to collapsible gate and putting additional construction - Violation of Clauses (m), (o) and (p) of S.108 of Transfer of Property Act - Eviction on grounds of nuisance and annoyance - Held: Sub-section 6 of S.13 of 1956 Act makes it obligatory on the part of Landlord to issue one month's Notice to tenants to quit - No provision under 1956 Act mandates service of Notice by registered post - Therefore, a tenant cannot claim that the Notice should be served by registered post - On the basis of evidence and in terms of the provisions, first appellate Court and also High Court rightly held that a valid Notice to quit was duly served by landlord to tenant - First appellate Court, based on oral and documentary evidence, came to the conclusion that the collapsible gate had been cut and replaced by the tenant without the permission of the landlord - Tenant also threatened the landlord and his son to kill them and abusing in filthy language - These acts of tenant would amount to nuisance and annoyance - The factual conclusion so arrived at by the first appellate Court directing the decree of eviction against the tenant as affirmed by High Court, cannot be ignored in the absence of any contra evidence in terms of provisions u/Ss.13 (I) (b) & (e) of 1956 Act - Appellant-tenants directed to deliver vacant possession of the suit premises to landlords. The predecessor-in-interest of respondent Nos. 1-6, owner of the premises in dispute, instituted a suit against the predecessor-in-interest of the appellant-tenant for recovery of possession and mesne profit in respect of the premises in question. The suit was dismissed by the trial Court. Aggrieved, the landlord filed an appeal before the first appellate Court. During the pendency of the appeal the original tenant passed away and his L.Rs were brought on record. The appeal was allowed with cost and the respondents were directed to give the vacant possession of the suit premises and also granted a decree for mesne profit. The tenants preferred a second appeal before the High Court. High Court dismissed the appeal and confirmed the order of the first appellate Court. Hence the present appeal. The questions which arose for consideration in this appeal were as to whether notice to quit was legal, valid and sufficient; as to whether the tenant did any act which violated clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act, 1882; and as to whether the tenant was guilty of causing act of nuisance and annoyance. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2007 INSC 1306 |
Petitioner | Ranju@ Gautam Ghosh |
Respondent | Rekha Ghosh & Ors. |
SCR | [2007] 13 S.C.R. 763 |
Judgement Date | 2007-12-14 |
Case Number | 7116 |
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