M/S. A. C. ESTATES versus M/S. SERAJUDDIN & CO. AND ANOTIIER

M/S. A. C. ESTATES versus M/S. SERAJUDDIN & CO. AND ANOTIIER

An order by the Controller declaring the sub-tenant as direct tenant under the landlord under s. 16(3) is final so far as the Controller is concerned and cannot be rescinded on the basis of subsequent events; the tenant would continue to be tenant under the Act until a decree for ejectment is passed, thus entitling the sub-tenant protection and status under s. 16(3).

Parties
Appellant: M/S. A. C. Estates; Respondent: M/S. Serajuddin & Co.
Jurisdiction
India
Judgment Date
07 May 1965
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated May 6, 1960 of the Calcutta High Court in Civil Rule No. 3579 of 1959
Outcome
Appeal dismissed
Legal Topics
Scope of S. 16(3) of West Bengal Premises Tenancy Act, Rights of Sub Tenants, Controller's Power of Review
Landlord Tenant Rent Control Scope of S. 16(3) of West Bengal Premises Tenancy Act Rights of Sub Tenants Controller's Power of Review

Case Brief

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Parties

M/S. A. C. Estates

Appellant

M/S. Serajuddin & Co.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated May 6, 1960 of the Calcutta High Court in Civil Rule No. 3579 of 1959

Legal Issues

  1. 1 Whether Controller could rescind the order declaring respondent as direct tenant under landlord under s. 16(3)
  2. 2 Whether respondent as sub-tenant was entitled to invoke s. 16(3) after the tenant was ejected

Ratio Decidendi

An order by the Controller declaring the sub-tenant as direct tenant under the landlord under s. 16(3) is final so far as the Controller is concerned and cannot be rescinded on the basis of subsequent events; the tenant would continue to be tenant under the Act until a decree for ejectment is passed, thus entitling the sub-tenant protection and status under s. 16(3).

Court Disposition

Appeal dismissed

Orders

  • The appeal fails and is dismissed with costs.