Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | WEST BENGAL PREMISES TENANCY ACT 1956: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | West Bengal Premises Tenancy Act, 1997 (37 of 1997) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | WEST BENGAL PREMISES TENANCY ACT 1956:s. 13(6) - Suit for eviction on ground of bona fide requirement - Notice - Tenant resisting the suit as not maintainable, as one month's clear notice according to Bengali Calendar was not given - Landlord claiming tenancy as per English Calendar - Trial court dismissed the suit holding that one month's clear time was not given to the tenant.- First appellate court decreed the suit - High Court allowed the second appeal of the tenant - Held: There has been compliance of s. 13(6) and once tenant's tenancy was determined, on his failure in compliance thereof, suit was maintainable and rightly decreed by first appellate court - Ground of bona fide requirement had already been held by trial court in favour of landlord - Judgement of High Court cannot be sustained and is set aside - Evidence Act, 1872 - ss. 17, 21 and 32 (2) - Code of Civil Procedure, 1908 - s. 100.EVIDENCE ACT, 1872: ss. 17,21 and 32(2) - 'Admission' - Suit for eviction of tenant - Tenant, on the basis of rent receipts claiming that notice for ejectment was bad as one month's clear notice according to Bengali Calendar was not given - Landlord on basis of lease deed claiming tenancy according to English Calendar - Neither of the two examining the predecessor-in- interest of landlord either to prove the rent receipts or the release deed ~ Tenant admitting in another suit the tenancy as per English Calendar ..:.. Held:' In the circumstances, the 'admission' of tenant is the best possible form of evidence - West Bengal Premises Tenancy Act, 1956 - s.13(6).CODE OF CIVIL PROCEDURE, 1908s.100 - Second appeal - Scope of - Single Judge of High Court setting aside judgement of lower appellate court -.Held: Single Judge failed to point out any perversity in the judgement of lower appellate court ""'" In the light of the categorical finding that no substantial question was involved having been recorded by the Single Judge, the necessary consequence would have been to dismiss the tenant's second appeal- West Bengal Premises Tenancy Act, 1956- s.13(6). |
Judge | Hon'ble Mr. Justice Deepak Verma |
Neutral Citation | 2011 INSC 334 |
Petitioner | Mritunjoy Sett (d) By Lrs. |
Respondent | Jadunath Basak (d) By Lrs |
SCR | [2011] 5 S.C.R. 884 |
Judgement Date | 2011-04-26 |
Case Number | 3617 |
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