Document Fragment View
Fragment Information
Showing contexts for: tenancy devolving in Samir Kumar Kundu vs Smt. Dipali Roy And Others on 13 November, 2019Matching Fragments
5. Placing reliance on paragraph no.2 of the plaint, learned counsel for the petitioner argues that no tenancy‐in‐common was claimed but it was averred by the plaintiff that the defendants were monthly tenants in respect of the suit property. The plaint case started from the tenancy of the defendants, without tracing such tenancy back to any prior tenancy having devolved on them.
6. Moreover, the notice to quit was issued in 2013, but no ground of default in payment of rent was taken in the suit. Therefore, admittedly rent was accepted till 2013, although the predecessor‐in‐interest (father) of the defendants died as far back as in the year 1972.