TaxTMI 
TaxTMI 
2019 (6) TMI 1014
X X X X Extracts X X X X
X X X X Extracts X X X X
....rescribed authority exercised jurisdiction under the provisions of the West Bengal Government Premises (Tenancy Regulation) Act, 1976 to pass the order of eviction. Learned Advocate appearing for the petitioner submits that, the petitioner as a banker lent and advanced diverse credit facilities to the fourth respondent. As a security for due payment of the credit facilities, the fourth respondent mortgaged the leasehold rights of the immovable property concerned in favour of the petitioner. The mortgage was created with the consent and approval of the first respondent. The first respondent did not issue any notice to the petitioner under the provisions of the Act of 1976. The petitioner was not informed about the decision to evict the fo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ing the first respondent to initiate proceedings for eviction against the fourth respondent from the property concerned. The property is governed under the provisions of the Act of 1976. Due notice was issued to the fourth respondent for eviction. Significantly, the fourth respondent did not challenge the order of eviction, despite, there being an appeal provision under the Act of 1976. He refers to the letter granting consent to mortgage the property. He submits that, the consent letter dated September 13, 2006 retained the right of the first respondent to evict the fourth respondent in the event of default of the terms and conditions of the lease deed. He relies upon an unreported judgment of the Division Bench rendered in A.P.O.T. No. 25....
X X X X Extracts X X X X
X X X X Extracts X X X X
....st respondent and the fourth respondent flows out of a deed of lease dated August 9, 2006 executed by and between the first and the fourth respondent. Admittedly, the first respondent is the lessor of the immovable property concerned. The fourth respondent is the lessee. The terms and conditions governing the relationship between the first and the fourth respondent are enumerated in the deed of lease dated August 9, 2006. Relevant clauses of the terms and conditions of the deed of lease dated August 9, 2006 between the first and the fourth respondent are as follows:- "3. A) IT IS EXPRESSEDLY AGREED by and between the parties hereto that if the rent charges or expenses herein reserved or any part thereof or interest thereon or any p....
X X X X Extracts X X X X
X X X X Extracts X X X X
....remedies available to the Lessor in respect of breach of the Lessee's covenants herein contained, AND THEREAFTER this lease will be deemed to have been surrendered and it shall be lawful for the Lessor to take immediate possession thereof and remove the machineries and materials if any, therein and in such event the Lessor shall not be liable for action or for damages and such recovery of possession will be without prejudice to any other rights of action of the Lessor AND THAT it shall also be lawful for the Lessor to sell the articles, after 15 days notice to the Lessee by auction or private treaty and appropriate the proceeds thereof for liquidation of arrears of Lessor's dues, if any and in case of any surplus remaining to refund the bal....
X X X X Extracts X X X X
X X X X Extracts X X X X
....escribed authority issued an order terminating the lease on November 14, 2017. The prescribed authority also passed an order requiring possession on January 19, 2018. The first respondent obtained possession of the immovable property on February 16, 2018. The proceedings undertaken by the first respondent was under the provisions of the Act of 1976. Although, the first respondent is entitled to prefer an appeal from an order passed by the prescribed authority, the first respondent did not do so. In Stressed Assets Stabilisation Fund (supra) an application under Section 535 of the Companies Act, 1956 was allowed. In the facts of that case, it was held that, a donee or a grantee can have no rights in excess of that possessed by the donor o....