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 1956 |
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-Applicability of-Settlement of business of iron casting foundry along with the building and machinery by legal heirs of original lessees in favour of party by successive transfer for fixed period-Failure to vacate the property and non-payment of rent and also trespassed over the other property-Grant of decree of recovery of possession by trial court, set aside by appellate court-However, upheld by High Court on the ground of non-payment of rent and that the party let out business and not the premises within the Act-On appeal held: In view of the terms of the settlement dominant intention of the parties was to create lease for running business of an iron casting foundry along with machinery housed in a building and not in respect of premises constituting 'premises tenancy' within the meaning of section 2(1) of the Act-Structures and sheds not part of the settlement-Hence, settlement was not for the premises to run business but business itself and as such not within the purview of the Act-Order of High Court upheld-Also with regard to trespass over the other property, issue of notice under section 106 of the 1882 Act and maintainability of the suit by the party in their individual capacity after the dissolution of the partnership firm-However, High Court erred in passing decree on the ground of default in payment of rent in absence of pleadings and evidence-Section 2(1)-Transfer of Property Act, 1882 section 106. Words and Phrases: Premises-Meaning of in the context of West Bengal Premises Tenancy Act, 1956, Section 2(1). Legal heirs of N-original respondent Nos. 1 and 2 settled the whole Karbar (business) of iron casting foundry along with land and all fittings and fixtures-'B' Schedule Property, in favour of predecessor-in-interest of the appellant at a monthly rent for a fixed period. By successive transfers, appellant acquired the interest of original lessees/settlees and thereafter, settlement came to an end by efflux of time. Appellant did not vacate the 'B' Schedule Property nor paid rent and also trespassed over 'C' Schedule Property. Respondent No. 1 and 2 filed suit for recovery of 'B' and 'C' Schedule property. Trial Court decreed the suit in favour of the respondent. Appellant filed an Appeal. Appellate Court upheld the order of Trial Court with regard to 'C' Schedule property, however set aside the order with regard to 'B' Schedule property. Aggrieved appellant filed Second Appeal and the respondents filed cross objections. High Court dismissed the Second Appeal holding that the appellant had trespassed the 'C' Schedule property. However, it allowed the cross objections and upheld the decree for recovery of possession of 'B' Schedule property. It held that the dominant intention of the parties while creating the lease was to lease the karbar (business) of iron casting foundry; that the parties never intended to settle or grant lease of the structures and sheds, and as such was not a settlement in respect of the premises constituting premises tenancy within the meaning of section 2(f) of the West Bengal Premises Tenancy Act, 1956; that there was no requirement of issuance of notice under Section 106 of the Transfer of Property Act; and that after the dissolution of the partnership firm the respondents could file the suit in their individual capacity. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2005 INSC 194 |
Petitioner | Spun Casting And Engg. Co. Pvt. Ltd. |
Respondent | Dwijendra Lal Sinha (dead) Through Lrs. And Ors. |
SCR | [2005] 3 S.C.R. 395 |
Judgement Date | 2005-04-08 |
Case Number | 4392 |
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