BISWAMBAR ROY versus GIRINDRA KUMAR PAUL

BISWAMBAR ROY versus GIRINDRA KUMAR PAUL

A tenant who, under the terms of a lease, constructs permanent structures on the leased land for residential or business purposes, is entitled to protection under s. 5(1)(a) of the Assam Act 12 of 1955, even if he lets out the buildings; the personal use by the tenant is not required by the statute and such a qualification should not be read into the section.

Parties
Appellant: Biswambar Roy; Respondent: Girindra Kumar Paul
Jurisdiction
India
Judgment Date
30 March 1966
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Assam High Court Judgment in Letters Patent Appeal No. 1 of 1959
Outcome
Appeal allowed
Legal Topics
Protection From Eviction, Permanent Tenancy Under Assam Non Agricultural Urban Areas Tenancy Act, Construction of Structures by Tenant, Interpretation of Permanent Structure for Residential or Business Purposes
Land Law Tenancy Law Protection From Eviction Permanent Tenancy Under Assam Non Agricultural Urban Areas Tenancy Act Construction of Structures by Tenant Interpretation of Permanent Structure for Residential or Business Purposes

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Parties

Biswambar Roy

Appellant

Girindra Kumar Paul

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Assam High Court Judgment in Letters Patent Appeal No. 1 of 1959

Legal Issues

  1. 1 Whether tenant who constructs permanent structures for residential or business purposes on the land is protected from eviction under s. 5(1)(a) of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955, when such structures are let out to others and not used by tenant himself

Ratio Decidendi

A tenant who, under the terms of a lease, constructs permanent structures on the leased land for residential or business purposes, is entitled to protection under s. 5(1)(a) of the Assam Act 12 of 1955, even if he lets out the buildings; the personal use by the tenant is not required by the statute and such a qualification should not be read into the section.

Court Disposition

Appeal allowed

Orders

  • Decree of the High Court vacated
  • Plaintiffs' suit dismissed