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of <h1>Court rules for plaintiff in premises recovery & rent arrears dispute, emphasizing forfeitability of perpetual leases.</h1> <h3>Kally Dass Ahiri Versus Monmohini Dassee</h3> The court ruled in favor of the plaintiff for the recovery of premises and arrears of rent, determining that the defendant's denial of tenancy was ... - Issues:Recovery of premises and arrears of rent, denial of tenancy, waiver of forfeiture, intention to determine lease, forfeitability of permanent lease, determination of lease, limitation period for rent arrears, mesne profits.Analysis:The judgment involves a suit for the recovery of premises and arrears of rent, where the defendant denied tenancy and claimed ownership. The defendant's denial of tenancy was established through her defense in the Small Cause Court suit and her subsequent actions. The court analyzed the issues of denial of title, waiver of forfeiture, and the defendant's intention to determine the lease. The court concluded that the defendant's denial of the plaintiff's title was established, and any forfeiture was not waived. The court also found that the plaintiff had shown the intention to determine the lease. The issue of forfeitability of a permanent lease was discussed, emphasizing that a lease in perpetuity is still subject to forfeiture. The court held that the lease had been determined due to the defendant's actions. The judgment addressed the limitation period for rent arrears, limiting the claim to three years under the Indian Limitation Act of 1877. The court also ruled in favor of the plaintiff for mesne profits, to be determined by the Registrar, with costs to be borne by the defendant.This judgment highlights the legal intricacies surrounding the denial of tenancy, forfeiture of leases, and determination of leases based on the actions and intentions of the parties involved. It also clarifies the application of relevant statutes, such as the Transfer of Property Act and the Indian Limitation Act, in determining the rights and liabilities of the parties in a landlord-tenant dispute. The court's thorough analysis of the evidence presented and the legal principles involved demonstrates a comprehensive approach to resolving complex property disputes while ensuring adherence to established legal frameworks and precedents.
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