2010 (11) TMI 1109 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the notice of termination of tenancy.
2. Effect of the unregistered tenancy agreement.
3. Requirement of the suit premises for personal use and rebuilding.
4. Allegations of default in rent payment, nuisance, and illegal construction by the tenant.

Summary:

Validity of the Notice of Termination of Tenancy:
The plaintiff-appellant filed a suit for eviction, recovery of possession, and mesne profits against the respondent, alleging that the tenancy was determined by a notice dated 14th January 2000 issued u/s 13(6) of the West Bengal Premises Tenancy Act and Section 106 of the Transfer of Property Act. The Trial Court found the notice valid and decreed the suit. However, the First Appellate Court held the notice invalid, stating it did not end with the month of tenancy. The High Court initially upheld the Trial Court's decision but later, upon remand, dismissed the suit, stating the notice did not meet the requirements of Section 13(6). The Supreme Court found that the notice was valid, as the tenancy was on a month-to-month basis with rent payable according to the English Calendar month, and restored the Trial Court's judgment.

Effect of the Unregistered Tenancy Agreement:
The tenancy agreement, executed on 11th September 1993, was unregistered. The High Court, upon remand, concluded that the unregistered document could be used for collateral purposes but found the notice of termination insufficient. The Supreme Court disagreed, emphasizing that the pleadings and the parties' acceptance of the rent payable according to the English Calendar month were crucial, rendering the notice valid despite the unregistered agreement.

Requirement of the Suit Premises for Personal Use and Rebuilding:
The plaintiff claimed eviction on the grounds of reasonable personal requirement and the need for rebuilding. The defendant denied these claims, stating the plaintiff had alternative accommodation and did not require the suit premises. The Trial Court's decree in favor of the plaintiff was based on the validity of the notice of termination rather than the personal requirement or rebuilding grounds.

Allegations of Default in Rent Payment, Nuisance, and Illegal Construction:
The plaintiff alleged that the defendant was in default of rent payment since November 1995, committed nuisance, and constructed a pucca wall without consent. The defendant denied these allegations. The Trial Court's decision did not hinge on these allegations but rather on the validity of the notice of termination.

Conclusion:
The Supreme Court allowed the appeal, set aside the High Court and First Appellate Court's orders, and restored the Trial Court's judgment and decree. The respondent was granted time until 30th November 2011 to vacate the premises, subject to filing an undertaking in the Court within two months.