RAJ KISHORE TEWARI versus GOVINDARAM BHANSALI

RAJ KISHORE TEWARI versus GOVINDARAM BHANSALI

The period of monthly tenancy commencing from the first day of the month and expiring on the last day of the month was not affected by sub-section (2) of section 13 of the Act; the notice was therefore valid.

Parties
Appellant: Raj Kishore Tewari; Respondent: Govindaram Bhansali
Jurisdiction
India
Judgment Date
10 October 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Decree of Calcutta High Court
Outcome
Appeal dismissed
Legal Topics
Determination of Tenancy, Validity of Eviction Notice, Effect of Statutory Provisions on Tenancy
Tenancy Law Property Law Determination of Tenancy Validity of Eviction Notice Effect of Statutory Provisions on Tenancy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Raj Kishore Tewari

Appellant

Govindaram Bhansali

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree of Calcutta High Court

Legal Issues

  1. 1 What is the correct commencement date of the tenancy between the appellant and the respondent under sub-section (2) of section 13 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950?
  2. 2 Whether the notice of ejectment dated March 19, 1957, requiring possession on the expiry of the last day of April 1957, was invalid?

Ratio Decidendi

The period of monthly tenancy commencing from the first day of the month and expiring on the last day of the month was not affected by sub-section (2) of section 13 of the Act; the notice was therefore valid.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed with costs