Mohd Afzal vs Common Wealth Hotel Pvt. Ltd. ... on 19 March, 1991
In the decision N. Basu v. Nilima (1 supra) the tenant pleaded that he was dispossessed from the first floor of the premises under the threat of Criminal Prosecution and coercion by the Vendor of the plaintiff with the help of Howrah Municipality and until the tenant is put in possession thereof, there will be suspension of payment of rent. It was also contended in the said case by the tenant that his dispossession from the premises was high handed and the landlady is not entitled to claim any right from not allowing the tenant from holding the entire premises peacefully. The learned judge who decided the said case considered that aspect and held as follows: -