Supreme Court of India · 1991-10-03
SWADESH RANJAN SINHA vs HARADEB BANERJEE
- Citation / case number
- SC 1991/80314
- Court
- Supreme Court of India
- Petitioner
- SWADESH RANJAN SINHA
- Respondent
- HARADEB BANERJEE
- Author
- T.K. THOMMEN
- Bench
- T.K. THOMMEN
Judgment text excerpt
The Supreme Court held that under the West Bengal Premises Tenancy Act, 1956, ownership encompasses the relationship between a person and property, including rights to possess and enjoy the property. The Court clarified that a lessee, like the appellant who holds a 99-year lease, can be considered an 'owner' for eviction purposes if they have a superior title to the tenant. The Court allowed the appeal, overturning the lower courts' findings regarding the appellant's title and affirming his right to seek eviction under Section 13(1)(ff).