Document Fragment View

Matching Fragments

8. It was also urged that the documents, if brought on record, would only be a further explanation or a clarification to the claim of tenancy made by the petitioner and the same would not cause any disadvantage to the plaintiffs, as the stand of Ajit Das had always been that he was a tenant in respect of the premises in question and not a trespasser.

9. Miss Sarkar relied on the following decisions :

(a) K.K. Velusamy vs. N.Palanisamy reported in (2011) 11 SCC 275
(b) West Bengal Insfrastructure Development Finance Corporation Ltd. vs UCO Bank reported in 2023 SCC Online Cal 3326
"15. After surveying the various principles stated by this Court on Section 151 from 1961, in K.K. Velusamy [K.K. Velusamy v. N. Palanisamy, (2011) 11 SCC 275 : (2011) 3 SCC (Civ) 665] , they have been succinctly summarised as follows under para 12 : (SCC pp. 282-
83) '(a) Section 151 is not a substantive provision which creates or confers any power or jurisdiction on courts. It merely recognises the discretionary power inherent in every court as a necessary corollary for rendering justice in accordance with law, to do what is "right" and undo what is "wrong", that is, to do all things necessary to secure the ends of justice and prevent abuse of its process.