BELA DAS & ORS. versus SAMARENDRA NATH BOSE

BELA DAS & ORS. versus SAMARENDRA NATH BOSE

When tenant admits landlord-tenant relationship and pays rent, upon non-payment and striking out of defence under section 11A, all defences qua tenant are barred, including the contention that co-sharer landlords cannot claim an eviction decree alone; contesting eviction based on title is not permitted.

Parties
Appellants: Bela Das & Ors.; Respondent: Samarendra Nath Bose
Jurisdiction
India
Judgment Date
11 December 1974
Procedural Posture
Civil Appeal / Appeal by Special Leave From Patna High Court Judgment & Decree Dated 17th September, 1969 in Appeal From Appellate Decree No. 262 of 1969
Outcome
Appeal allowed
Legal Topics
Eviction, Partition, Strike Out of Defence, Non Payment of Rent
Landlord Tenant Civil Procedure Eviction Partition Strike Out of Defence Non Payment of Rent

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bela Das & Ors.

Appellants

Samarendra Nath Bose

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Patna High Court Judgment & Decree Dated 17th September, 1969 in Appeal From Appellate Decree No. 262 of 1969

Legal Issues

  1. 1 Whether tenants can contest eviction suit based on title after defence is struck out for non-payment of arrears
  2. 2 Whether co-sharer landlords alone can maintain eviction suit

Ratio Decidendi

When tenant admits landlord-tenant relationship and pays rent, upon non-payment and striking out of defence under section 11A, all defences qua tenant are barred, including the contention that co-sharer landlords cannot claim an eviction decree alone; contesting eviction based on title is not permitted.

Court Disposition

Appeal allowed

Orders

  • Judgment of Patna High Court set aside
  • Suit for eviction rightly decreed