ILC-2011-SC-CIVIL-Apr-16
Mritunjoy Sett (D) By Lrs. Vs. Jadunath Basak (D) By Lrs.
Civil Law - Ejectment suit
West Bengal Premises Tenancy Act, 1956 - Section 13(6) - Notice under - Validity of - In question - Ejectment suit - Ld. trial Court concluded - Notice was not served in accordance with provisions of section 13 (6) of Act - One month's clear time was not given to Respondent - Vacating premises - Suit was dismissed - Appellate Court reversed - Order of trial Court - Appellant's suit for Respondent's ejection from Suit premises - Decreed in his favour - Writ petition - Against order of appellate Court - Allowed - Appeal - Whether Notice of eviction served by appellant-landlord upon respondent-tenant under Section 13 (6) - Determining his tenancy, was valid, legal and in accordance with law - Yes - One month's clear Notice - Given to Respondent seeking - To vacate premises - Compliance of Section 13(6) of Act - Bona fide requirement - Already held in favour of Appellant - Appellant's suit was rightly decreed by lower Appellate Court - Same could not have been set aside by learned Single Judge - More so when there was no substantial question of law involved in second Appeal - Impugned judgment and decree of ld. Single Judge set aside - Lower appellate Court restored - Appeal allowed.
Hon'ble Mr. Justice Dalveer Bhandari , Hon'ble Mr. Justice Deepak Verma ,
Dhruv Mehta, Sr. Advocate, Sriram Krishna, Ms. Malashree Ghosh, B.P. Yadav (for Mrs. Sarla Chandra), Advocates, with him
Topic(s)-Ejectment suit , Tenancy
Important Decision(s)- Tenancy - Notice was not served in accordance with provisions of section 13 (6) of Act - One month's clear time was not given to Respondent - Whether Notice of eviction served by appellant-landlord upon respondent-tenant - Determining his tenancy, was valid, legal and in accordance with law - Yes.
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