SWADESH RANJAN SINHA. versus HARADEB BANERJEE

SWADESH RANJAN SINHA. versus HARADEB BANERJEE

A lessee allottee of premises under a 99-year lease from the Housing Co-operative Society, which itself holds a lease from the Metropolitan Development Authority, is considered an 'owner' vis-à-vis the tenant for purposes of Section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1956; such person may seek eviction on grounds of reasonable requirement.

Parties
Appellant Plaintiff: Swadesh Ranjan Sinha; Respondent Defendant: Haradeb Banerjee
Jurisdiction
India
Judgment Date
03 October 1991
Procedural Posture
Civil Appeal / Appeal Before Supreme Court After High Court Judgment
Outcome
Appeal allowed; judgments of High Court and first appellate court set aside; matter remanded to first appellate court for fresh disposal of respondent's appeal on merits.
Legal Topics
Eviction, Ownership, Landlord Tenant Relationship
Property Law Tenancy Law Eviction Ownership Landlord Tenant Relationship

Case Brief

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Parties

Swadesh Ranjan Sinha

Appellant Plaintiff

Haradeb Banerjee

Respondent Defendant

Procedural Posture

Civil Appeal / Appeal Before Supreme Court After High Court Judgment

Legal Issues

  1. 1 Whether a lessee allottee is 'owner' for purposes of eviction under Section 13(1)(ff) of West Bengal Premises Tenancy Act, 1956
  2. 2 Whether appellant is entitled to seek eviction on ground of reasonable requirement

Ratio Decidendi

A lessee allottee of premises under a 99-year lease from the Housing Co-operative Society, which itself holds a lease from the Metropolitan Development Authority, is considered an 'owner' vis-à-vis the tenant for purposes of Section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1956; such person may seek eviction on grounds of reasonable requirement.

Court Disposition

Appeal allowed; judgments of High Court and first appellate court set aside; matter remanded to first appellate court for fresh disposal of respondent's appeal on merits.

Orders

  • Judgments of High Court and first appellate court set aside.
  • Matter remanded to first appellate court for fresh disposal on merits.