Niyam v2 is live — start for just ₹100 — 200 credits to try

november 1951

Supreme Court of India · 1951-11-26

RAM KUMAR DAS vs JAGADISH CHANDRA DEB DHABAL DEBAND ANOTHER.

Citation / case number
SC 1950/62
Court
Supreme Court of India
Petitioner
RAM KUMAR DAS
Respondent
JAGADISH CHANDRA DEB DHABAL DEBAND ANOTHER.
Bench
MUKHERJEA, B.K.

Judgment text excerpt

The Supreme Court held that Section 106 of the Transfer of Property Act applies to both express and implied leases, establishing that a tenancy can be presumed from the payment of rent. The court found that the tenancy was from month to month due to the inoperative nature of the kabuliyat and the absence of a valid contract for a fixed term. Consequently, the suit for ejectment was not time-barred as the tenancy had existed since 1924, and the defendant's claim of a two-year tenancy was rejected.

RAM KUMAR DAS vs JAGADISH CHANDRA DEB DHABAL DEBAND ANOTHER. · Niyam