Sri Suminta Ram vs Sri Kalo Bhangi
2021 Latest Caselaw 4384 Cal

24.08.2021

RP

S.A. 26 of 2010 (Via Video Conference) r

Sri Suminta Ram Vs.

Sri Kalo Bhangi

Mr. Samiran Mandal Mr. Abhinaba Das ... for appellant

Mr. Mandal, learned advocate appears on

behalf of appellant/plaintiff. He submits, the suit

was for declaration and eviction of licencee. It was

decreed at trial but the lower appellate Court reversed

the judgment and dismissed the suit. Clear finding of

licence was set aside by relying upon a petition made

under section 144 of Code of Criminal Procedure,

bearing left thumb impression (LTI) of his client, as

proof by admission, of tenancy. No rent receipt could

be produced and the lower appellate Court was in

error to disregard provision in section 116 of Evidence

Act, 1872 and section 25 in West Bengal Premises

Tenancy Act, 1956.

On perusal of both judgments we find there

was some connection between plaintiff and defendant.

Both Courts below have tried to ascertain what

was/is the connection, whether licence or tenancy.

Relief of declaration on title is not really necessary for

the purpose of relief claimed of eviction. One thing is

clear, the lower appellate Court accepted case of

defendant to be tenant under plaintiff.

Proof, relied upon by the lower appellate

Court, is admission of plaintiff in filing said petition

bearing averment that defendant is tenant under him.

Explanation was, the contents of the petition were not

stated by plaintiff to be true. The petition bears his

LTI. The trial Court accepted the explanation, in

context of defendant's inability to otherwise prove

himself to be tenant within meaning of the word given

in clause (h) in section 2 of West Bengal Tenancy

Premises Act, 1956.

We admit the appeal on following question of

law:-

"Can the claim of tenancy, otherwise not

proved to be within the meaning of clause (h)

in section 2 of West Bengal Premises Tenancy

Act, 1956, be accepted on mention of claimant

as tenant in a pleading drawn up on behalf of

the landlord, bearing his LTI and filed in a

criminal proceeding, inspite of the

explanation?"

The lower Court records be called for, on

receipt of which appellant will put in requisites for

preparation of paper books and issuance of notice of

appeal.

Liberty to mention before the learned single

Judge for hearing of the appeal.

(Arindam Sinha, J.)

(Saugata Bhattacharyya, J.)