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.