KHAGENDRA LALL DUTTA AND ANR. versus JACOB SOLE JACOB

KHAGENDRA LALL DUTTA AND ANR. versus JACOB SOLE JACOB

Without a specific plea of sub-tenancy in the written statement, evidence regarding sub-tenancy cannot be considered. The respondent has no right to possess the suit premises after the death of the tenant and successor, and is a trespasser.

Parties
Appellant: KHAGENDRA LALL DUTTA AND ANR.; Respondent: JACOB SOLE JACOB
Jurisdiction
India
Judgment Date
17 August 1995
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Calcutta High Court
Outcome
Appeal allowed
Legal Topics
Ejectment, Sub Tenancy, Death of Tenant, Successor Rights
Tenancy Law Ejectment Sub Tenancy Death of Tenant Successor Rights

Case Brief

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Parties

KHAGENDRA LALL DUTTA AND ANR.

Appellant

JACOB SOLE JACOB

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Calcutta High Court

Legal Issues

  1. 1 Whether the respondent has the right to remain in possession after the death of the tenant and his successor
  2. 2 Whether sub-tenancy was created by acquiescence or agreement

Ratio Decidendi

Without a specific plea of sub-tenancy in the written statement, evidence regarding sub-tenancy cannot be considered. The respondent has no right to possess the suit premises after the death of the tenant and successor, and is a trespasser.

Court Disposition

Appeal allowed

Orders

  • Decree of appellate court set aside
  • Decree of trial court is confirmed