Supreme Court of India · 2005-11-16
NARAYAN CHANDRA GHOSH vs KANAILAL GHOSH .
- Citation / case number
- SC 2001/5233
- Court
- Supreme Court of India
- Petitioner
- NARAYAN CHANDRA GHOSH
- Respondent
- KANAILAL GHOSH .
- Author
- A.K.MATHUR B.N.AGRAWAL
- Bench
- A.K.MATHUR B.N.AGRAWAL
Judgment text excerpt
The Supreme Court held that the earlier suits filed by the plaintiffs did abate under Section 19 of The Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981, thereby validating the subsequent suits for eviction. The Court affirmed the High Court's decision to restore the eviction decree for one room while upholding the lower appellate court's decree for three rooms based on bona fide necessity. The judgment clarified the maintainability of eviction suits under the 1981 Act, establishing that the abatement of earlier suits does not preclude subsequent actions for eviction.