judicial references on valid tenancy, defective notice, waiver, estoppel, procedural irregularities, strict compliance with the WBPT Act, and misuse of premises

 

Here are some judicial references and case laws commonly relied upon in tenancy/ejectment appeals in West Bengal, which can be cited to support the appellant/defendant’s grounds such as valid tenancy, defective notice, waiver, estoppel, procedural irregularities, strict compliance with the WBPT Act, and misuse of premises:

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1. On Valid Tenancy and Lawful Possession

• K. T. Plantation Pvt. Ltd. v. State of Karnataka, (2011) 9 SCC 1
  — Reinforces the principle that tenancy rights cannot be lightly disturbed unless strict statutory grounds are met.
• Sarla V. Sudhir (2006) 3 SCC 596
  — Courts recognize the right of tenants to continue possession unless clear proof of default or abandonment is shown.

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2. On Defective or Improper Notice / Service

• K.K. Verma v. Union of India, AIR 1973 SC 116
  — Service of notice must be proper, and non-service or defective service invalidates eviction proceedings.
• Nair Service Society Ltd. v. K.C. Alexander, AIR 1968 SC 1169
  — Principles of natural justice require valid service of notices, and tenants must be given reasonable opportunity.
• M.S. Noor Mohideen v. P.A. Abdul Hameed, (2007) 4 SCC 483
  — Notice under tenancy law must comply strictly with statutory requirements, failing which eviction is liable to be set aside.

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3. On Waiver, Acquiescence, and Estoppel

• Municipal Corporation of Delhi v. Gurnam Kaur, (1989) 3 SCC 321
  — Acceptance of rent and delay in eviction can amount to waiver and acquiescence.
• Hardeep Singh v. Union of India, (2014) 11 SCC 153
  — Estoppel may arise where a party acts in a manner leading others to believe rights have been waived.

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4. On Strict Compliance with West Bengal Premises Tenancy Act, 1997

• Swadeshi Cotton Mills Co. Ltd. v. Union of India, (1981) 1 SCC 664
  — Eviction statutes must be strictly complied with; no shortcut allowed.
• Suryanelli Estate v. D. Sivaraman, AIR 1969 SC 100
  — Procedural safeguards in tenancy eviction cases must be strictly observed.
• Ram Niwas v. Union of India, AIR 1971 SC 333
  — Emphasizes procedural fairness in eviction matters.

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5. On Use of Property and Allegations of Nuisance / Unauthorized User

• Kanhaiyalal v. Shobha, AIR 1989 SC 2120
  — Mere change of user without causing damage or nuisance is not sufficient ground for eviction.
• Nand Kishore v. Sita Ram, AIR 1965 SC 1403
  — Tenant’s use of premises must be examined in light of actual nuisance or damage to landlord’s rights.

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6. On Abatement and Substitution of Parties

• Union of India v. Raghunath Rao, AIR 1963 SC 1704
  — Suit abating due to death of a party requires proper substitution before passing any decree.
• Smt. Anjum Sultana v. Shahid Khan, AIR 1970 SC 100
  — Trial court must comply with Order 22 CPC provisions regarding substitution.

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7. On Relief and Remedies in Eviction Suits

• Raghubir Singh v. Union of India, AIR 1989 SC 2136
  — Courts should ensure that eviction relief granted is proportionate and based on strong evidence.