RANJU@ GAUTAM GHOSH versus REKHA GHOSH & ORS.

RANJU@ GAUTAM GHOSH versus REKHA GHOSH & ORS.

Valid notice to quit was duly served in compliance with Section 13(6) of the West Bengal Premises Tenancy Act, and not statutorily required to be served by registered post. The tenant's acts of damaging the collapsible gate, unauthorized construction, and threatening or abusing the landlord constituted violations of clauses (m), (o), and (p) of Section 108 of the Transfer of Property Act and amounted to nuisance and annoyance, warranting eviction.

Parties
Appellant: Ranju @ Gautam Ghosh; Respondents: Rekha Ghosh & Ors.
Jurisdiction
India
Judgment Date
14 December 2007
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Eviction, Mesne Profits, Notice Requirements, Nuisance and Annoyance, Damage to Leased Property, Service of Notice
Property Law Tenancy Law Eviction Mesne Profits Notice Requirements Nuisance and Annoyance Damage to Leased Property Service of Notice

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Parties

Ranju @ Gautam Ghosh

Appellant

Rekha Ghosh & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether notice to quit was legal, valid and sufficient
  2. 2 Whether the tenant did any act violating clauses (m), (o), and (p) of Section 108 of the Transfer of Property Act, 1882
  3. 3 Whether the tenant was guilty of causing nuisance and annoyance

Ratio Decidendi

Valid notice to quit was duly served in compliance with Section 13(6) of the West Bengal Premises Tenancy Act, and not statutorily required to be served by registered post. The tenant's acts of damaging the collapsible gate, unauthorized construction, and threatening or abusing the landlord constituted violations of clauses (m), (o), and (p) of Section 108 of the Transfer of Property Act and amounted to nuisance and annoyance, warranting eviction.

Court Disposition

Appeal dismissed

Orders

  • Appellant granted two months' time to deliver vacant possession of the suit premises to the respondents
  • No costs