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Supreme Court of India 2025-04-08 dismissed

Rajiv Ghosh vs Satya Naryan Jaiswal

Bench: 2 — J.B. Pardiwala, R. Mahadevan

In Brief

A tenant's son sought to retain possession of leased premises after the original tenant (his father) died in 2016. Under the West Bengal Premises Tenancy Act, 1997, non-widow heirs of a deceased tenant may occupy the property for only five years from death. The son admitted in his court filing that these conditions applied to him, but later claimed he should have received a full trial. The Supreme Court dismissed his appeal, holding that courts may base judgments on clear admissions made by parties—whether in formal pleadings or statements made during proceedings—without requiring a full trial. The son's five-year protection expired in July 2021; he was therefore a trespasser. The lower courts rightfully decreed his eviction based on his own admissions.

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Civil Procedure Admissions in Evidence Judgment on Admission Tenancy Law West Bengal Premises Tenancy Act Eviction Order XII Rule 6 CPC Succession of Tenancy Rights

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