BEJOY GOPAL MUKHERJI versus PRATUL CHANDRA GHOSE

BEJOY GOPAL MUKHERJI versus PRATUL CHANDRA GHOSE

The cumulative effect of possession for generations, transfers inter vivos, construction of permanent structures, and acceptance of rent at a uniform rate—even with enhancement—irresistibly leads to inference of permanent, heritable, transferable tenancy; previous suit for rent enhancement did not conclude issue of...

Source-derived case information.

Parties
Appellant: Bejoy Gopal Mukherji; Respondent: Pratul Chandra Ghose
Jurisdiction
India
Judgment Date
28 January 1953
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Landlord and Tenant, Permanent Tenancy, Res Judicata, Evidence
Property Law Landlord and Tenant Permanent Tenancy Res Judicata Evidence

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Parties

Bejoy Gopal Mukherji

Appellant

Pratul Chandra Ghose

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the tenancy was permanent, heritable, and transferable
  2. 2 Whether the previous adjudication on increase of rent operates as res judicata on the nature of tenancy
  3. 3 Whether cumulative evidence supports inference of permanent tenancy

Ratio Decidendi

The cumulative effect of possession for generations, transfers inter vivos, construction of permanent structures, and acceptance of rent at a uniform rate—even with enhancement—irresistibly leads to inference of permanent, heritable, transferable tenancy; previous suit for rent enhancement did not conclude issue of permanency; plaintiff’s claim for ejectment fails.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs