1991 (10) TMI 310 - SC - Indian Laws

Supreme Court overturns lower courts, recognizes plaintiff's ownership rights under tenancy law

Swadesh Ranjan Sinha Versus Haradeb Banerjee

The Supreme Court allowed the appeal, overturning the High Court and 1st appellate court decisions, and remanded the case for fresh consideration. The ... - Issues involved: The issue involves the determination of whether the plaintiff is the owner of the suit premises for the purpose of instituting a suit for eviction under Section 13(1)(ff) of the West Bengal Premises Tenancy Act, 1956.Judgment Summary:The plaintiff, as an allottee of a flat from a housing cooperative society, sought eviction of the tenant based on reasonable requirement under Section 13(1)(ff) of the Act. The trial court decreed the suit in favor of the plaintiff, finding the premises were reasonably required. However, the 1st appellate court and the High Court held that the plaintiff, being a lessee under a 99-year sub-lease, was not the 'owner' as per Section 13(1)(ff) and thus not entitled to seek eviction under that provision.The High Court and the 1st appellate court erred in setting aside the trial court's decree solely on the question of the plaintiff's title, which was never raised as an issue during the trial. As per legal principles, the plaintiff, as an allottee with a 99-year heritable and transferable title, has a superior right in relation to the defendant, making him the owner for the purposes of the Act.The Supreme Court allowed the appeal, setting aside the judgments of the High Court and the 1st appellate court, and remanded the case for fresh disposal based on the merits of the respondent-tenant's appeal. The appellant was awarded costs throughout the proceedings.