Supreme Court of India · 2005-04-08
Spun Casting & Engg. Co.Pvt.Ltd vs Dwijendra Lal Sinha (Dead) Through Lrs. ...
- Court
- Supreme Court of India
- Petitioner
- Spun Casting & Engg. Co.Pvt.Ltd
- Respondent
- Dwijendra Lal Sinha (Dead) Through Lrs. ...
- Bench
- Ashok Bhan, A.K.Mathur
Judgment text excerpt
The Supreme Court upheld the decree for recovery of possession and mesne profits regarding 'B' Schedule property, affirming the High Court's decision that the appellant, having acquired the leasehold interest, was estopped under Section 116 of the Indian Evidence Act from disputing the plaintiffs' title. The Court clarified that the tenancy ended by efflux of time on 13th April 1959, and no notice under Section 106 of the Transfer of Property Act was necessary. The judgment reinforced the applicability of Section 13(6) of the West Bengal Premises Tenancy Act, 1956, in terminating the landlord-tenant relationship.