TAPAS KUMAR SAMANTA versus SARBANI SEN & ANR.

TAPAS KUMAR SAMANTA versus SARBANI SEN & ANR.

High Court erred in interfering with the factual findings of the first appellate court in second appeal when there was evidence on record supporting the relationship of landlord and tenant and the grounds for eviction, and no substantial question of law was shown.

Parties
Appellant: Tapas Kumar Samanta; Respondent: Sarbani Sen & Anr.
Jurisdiction
India
Judgment Date
12 February 2015
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Decision in Second Appeal
Outcome
Appeal allowed; judgment of the High Court set aside; judgment and decree of the first appellate court restored; no costs.
Legal Topics
Second Appeal, Findings of Fact, Eviction Proceedings, Landlord Tenant Relationship
Civil Procedure Property Law Landlord Tenant Law Second Appeal Findings of Fact Eviction Proceedings Landlord Tenant Relationship

Case Brief

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Parties

Tapas Kumar Samanta

Appellant

Sarbani Sen & Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Decision in Second Appeal

Legal Issues

  1. 1 Whether the High Court was justified in interfering with the finding of fact by the first appellate court while deciding a second appeal under Section 100 CPC
  2. 2 Whether the relationship of landlord and tenant was established between the parties
  3. 3 Whether grounds for eviction were sufficiently proved

Ratio Decidendi

High Court erred in interfering with the factual findings of the first appellate court in second appeal when there was evidence on record supporting the relationship of landlord and tenant and the grounds for eviction, and no substantial question of law was shown.

Court Disposition

Appeal allowed; judgment of the High Court set aside; judgment and decree of the first appellate court restored; no costs.

Orders

  • Impugned judgment dated 29 February 2012 passed by the High Court in S.A.No.149 of 2007 with C.A.N.No.10467 of 2009 set aside
  • Judgment and decree of the first appellate court restored