KUMAR JAGDISH CHANDRA SINHA Vs. EILEENK PATRICIA DROZARIE MRS
LAWS(SC)-1994-11-14
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on November 10,1994

KUMAR JAGDISH CHANDRA SINHA Appellant
VERSUS
EILEENK.PATRICIA D'ROZARIE) Respondents





Cited Judgements :-

RAM NARAIN BAGLEY VS. DISTRICT JUDGE SAHARANPUR [LAWS(ALL)-1996-12-41] [REFERRED TO]
UMA DEVI KHANNA VS. AVA RANI DAS [LAWS(CAL)-2005-6-24] [REFERRED TO]
JAHARLAL SAHA VS. PRADIP SAHA [LAWS(CAL)-2005-11-35] [REFERRED TO]
NRIPATI NATH MITRA VS. DILIP KUMAR DAS [LAWS(CAL)-2008-1-44] [REFERRED TO]
AMAR NATH PRAMANICK VS. SANJIB DAS GUPTA [LAWS(CAL)-2008-2-89] [REFERRED TO]
SUNIL KUMAR GHOSH VS. MADAN GHOSH [LAWS(CAL)-2008-5-43] [REFERRED TO]
BETHEL GREEN GROWTH LIMITED VS. GOSPEL FOR AREA [LAWS(ORI)-2000-7-42] [REFERRED TO]
S PATTABIRAMAN VS. S P CHANDRASEKARAN [LAWS(MAD)-1996-7-105] [REFERRED TO]
SANTOSH KUMAR MITRA VS. SNEHALATA ROY [LAWS(CAL)-2000-2-22] [REFERRED TO]
MAHENDRA RAI BAXI VS. LAXMI DEVI [LAWS(RAJ)-2009-5-53] [REFERRED TO]
SATYA GUPTA VS. GUNEET SINGH [LAWS(DLH)-2014-4-216] [REFERRED TO]
BISWANATH PAL VS. SATYA PRASAD CHANDRA [LAWS(CAL)-2014-8-19] [REFERRED TO]
TILAK BOSE VS. BIMAL @ BIMALENDU KUMAR GHOSH [LAWS(CAL)-2014-7-94] [REFERRED TO]
ASHOKE KUMAR NANDI VS. DIGBIJOY SINHA [LAWS(CAL)-2011-9-195] [REFERRED TO]
RUMA CHAKRABORTY VS. SUDHA RANI BANERJEE [LAWS(SC)-2005-10-14] [REFERRED TO]
SUN DIRECT TV PVT LTD VS. STATE OF UP [LAWS(ALL)-2012-7-88] [REFERRED TO]
AMAL KRISHNA ADITYA VS. GANESH CHANDRA DAS [LAWS(CAL)-1998-3-20] [REFERRED TO]
MD KAMRUDDIN VS. KHURSHIDA BIBI [LAWS(CAL)-2011-7-134] [REFERRED TO]
BHARAT COKING COAL LTD KOYLA VS. DLF POWER LIMITED AND JHARKHAND [LAWS(ET)-2012-2-14] [REFERRED TO]
SURENDRA MAL VS. CHAGAN LAL [LAWS(RAJ)-2014-6-20] [REFERRED TO]
ACHAL RAJ VS. ASHIYA AND ORS. [LAWS(RAJ)-2015-12-97] [REFERRED TO]
SATYA GUPTA VS. GUNEET SINGH [LAWS(DLH)-2012-11-390] [REFERRED]
SMT MUNNA BEGUM & ORS VS. ALYA BEGUM & ORS [LAWS(CAL)-2003-4-70] [REFERRED]
BIJON KUMAR MAZUMDAR & ORS. VS. SANKAR CHANDRA PAUL [LAWS(CAL)-2018-1-313] [REFERRED TO]
HARIPADA DAS VS. ASHOK DAS [LAWS(CAL)-2019-8-67] [REFERRED TO]
CHANDRA NATH CHANDRA VS. BUDDHADEB HALDER [LAWS(CAL)-2020-2-122] [REFERRED TO]
ZUBAIDA BEGUM @ ZUBEDA KHATUN VS. ANWAR ALI [LAWS(CAL)-2020-6-9] [REFERRED TO]


JUDGEMENT

M. K. Mukherjee J. - (1.)I.A. No.2. of 1994 allowed.
(2.)At all material times one Mrs. Sira Menan was a tenant under the appellants in respect of a flat in premises No.23, Lindsay Street, Calcutta. After her death on August 12, 1970, the appellants filed the suit, out of which the instant appeal arises, alleging that the respondent, claiming herself to be the daughter of the deceased, had entered into the flat on August 16, 1970 with her family and was residing therein since then. According to the appellants such claim of the respondent was a false one as Mrs. Menan had all along lived in the flat alone and the respondent was never seen to visit her, much less live therein. By filing the suit the appellants, therefore, prayed for recovery of the flat on a declaration that the respondent was a rank trespasser and liable to be evicted therefrom.
(3.)In contesting the suit the respondent asserted that she was the daughter of the deceased tenant and had been living in the flat since the inception of the tenancy. Consequently, she claimed, that upon her mother's death she, as her sole heir, became a tenant under the appellants.
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