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january 1953

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.

BEJOY GOPAL MUKHERJI vs PRATUL CHANDRA GHOSE. · Niyam