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Chaudhary Fazlur Rahman vs Shibaji Bose And Anr. on 16 November, 1977 cites

Goureepada Chattopadhyaya vs Janki Ram on 18 August, 1975

7. Learned Counsel for the opposite party has, on the other band, placed reliance on a decision of this court in the case of Goreepada Chattopadyaya v. Janki Ram . The Court below has also placed reliance on this very decision for coming to the conclusion that Section 11-A of the Act has no application. The facts of that case were entirely different. In that case there was an agreement between the parties at the time of the grant of the lease that in case the defendant failed to execute a lease after paying the agreed amount he would be treated as a 'licensee' and he would be evicted. The plaintiff had thus treated the defendant as a licensee pure and simple. The defendant in his written statement had taken the position that he was not a licensee, but a tenant on a mohthly basis. Thereafter, the plaintiff amended the plaint and made an alternative prayer for eviction on the ground of default of payment of rent. In such circumstances, it was held that the suit was framed under the Transfer of Property Act and the suit was not on the basis of landlord and tenant between the parties. The primary relief of ejectment being on the basis of the defendant being a licensee pure and simple. For that reason, the learned Judge held that the suit being not under the Act, Section 11-A of the Act had no application. The decision has no bearing on the question which has been canvassed before me and is thus of no assistance.
Patna High Court Cites 3 - Cited by 1 - Full Document
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