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    <title>2008 (4) TMI 784 - CALCUTTA HIGH COURT</title>
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    <description>A substituted landlord cannot enlarge an eviction case based on reasonable requirement by introducing a grandson&#039;s need when the original plaint pleaded only the plaintiff&#039;s and his wife&#039;s requirement; subsequent events matter only if they relate to the pleaded foundation, so the requirement ground failed. Alleged breach of clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act also requires reliable proof of encroachment or unlawful construction. Where the commissioner&#039;s report was uncertain, not properly recorded in the field note, and did not directly address the alleged wall, the tenant&#039;s version was not displaced and the breach was not established.</description>
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    <pubDate>Thu, 03 Apr 2008 00:00:00 +0530</pubDate>
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      <title>2008 (4) TMI 784 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=197302</link>
      <description>A substituted landlord cannot enlarge an eviction case based on reasonable requirement by introducing a grandson&#039;s need when the original plaint pleaded only the plaintiff&#039;s and his wife&#039;s requirement; subsequent events matter only if they relate to the pleaded foundation, so the requirement ground failed. Alleged breach of clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act also requires reliable proof of encroachment or unlawful construction. Where the commissioner&#039;s report was uncertain, not properly recorded in the field note, and did not directly address the alleged wall, the tenant&#039;s version was not displaced and the breach was not established.</description>
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