Supreme Court of India · 1953-01-28
BEJOY GOPAL MUKHERJI vs PRATUL CHANDRA GHOSE.
- Citation / case number
- SC 1952/82
- Court
- Supreme Court of India
- Petitioner
- BEJOY GOPAL MUKHERJI
- Respondent
- PRATUL CHANDRA GHOSE.
- Bench
- DAS, SUDHI RANJAN
Judgment text excerpt
The Supreme Court held that the enhancement of rent does not negate the permanency of a tenancy. It ruled that mere possession over generations, construction of structures, and other circumstances can collectively infer a permanent tenancy. The Court found that the previous suit's decision regarding rent increase did not operate as res judicata on the question of tenancy's permanency in the subsequent ejectment suit. The appeal was dismissed, affirming the lower court's finding of a permanent, heritable, and transferable tenancy.