SHIBANI BASU versus SANDIP RAY

SHIBANI BASU versus SANDIP RAY

Where parties agree that rent is payable according to the English calendar month, the notice for termination of tenancy which gives the tenant clear time till the end of the calendar month is valid regardless of the date the agreement was executed, and non-registration of the rent note/agreement is insignificant for the purpose of determining the month of tenancy when pleadings are clear.

Parties
Appellant: Shibani Basu; Respondent: Sandip Ray
Jurisdiction
India
Judgment Date
26 November 2010
Procedural Posture
Civil Appeal / Supreme Court Appeal Against High Court’s Dismissal of Eviction Suit
Outcome
Appeal allowed
Legal Topics
Eviction, Termination of Tenancy, Notice for Termination, Unregistered Tenancy Agreement
Property Law Tenancy Law Eviction Termination of Tenancy Notice for Termination Unregistered Tenancy Agreement

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Parties

Shibani Basu

Appellant

Sandip Ray

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal Against High Court’s Dismissal of Eviction Suit

Legal Issues

  1. 1 Whether the notice for termination of tenancy fulfilled the requirements of Section 13(6) of the West Bengal Premises Tenancy Act
  2. 2 Effect of unregistered tenancy agreement on validity of notice
  3. 3 Starting point and month of tenancy under an unregistered agreement

Ratio Decidendi

Where parties agree that rent is payable according to the English calendar month, the notice for termination of tenancy which gives the tenant clear time till the end of the calendar month is valid regardless of the date the agreement was executed, and non-registration of the rent note/agreement is insignificant for the purpose of determining the month of tenancy when pleadings are clear.

Court Disposition

Appeal allowed

Orders

  • Impugned order of High Court dated 16th September, 2009, and First Appellate Court dated 30th November, 2005, set aside
  • Judgment and decree of Trial Court restored