AIR 2005 CALCUTTA 281 ::(2005) 2 Cal HN 519

Calcutta High Court

Hon'ble Judge(s): Bhaskar Bhattacharya, Rajendra Nath Sinha , JJ

(A) Transfer of Property Act (4 of 1882) , S.107, S.109, S.54, S.6(e), S.116— Doctrine of concurrent lease - Property already subject matter of tenancy - Landlord cannot create another monthly tenancy over said property by taking advantage of doctrine of concurrent lease in violation of S. 54 - Lessee under such subsequent lease cannot sue tenant for eviction. AIR 1922 Cal 412 (2) and (1951) 55 Cal WN 86, Held Not good law in view of AIR 1936 PC 230. @page-Cal282 According to S. 107 of the Transfer of Property Act, for the purpose of creation of a lease of an immovable property other than from year to year or for any term exceeding one year or reserving a yearly rent, oral agreement accompanied by delivery of possession is sufficient. Therefore, if a property is already the subject matter of a tenancy, during continuance of such tenancy the landlord cannot create another monthly tenancy over the selfsame property by taking advantage of doctrine of concurrent lease in violation of the provisions contained in S. 54 of the Transfer of Property Act. Therefore, a third party can get the right to realise rent from existing tenant or to sue the existing tenant for eviction only by transfer of such right in accordance with the Transfer of Property Act. In such a case, the phrase 'any of his interest therein' appearing in S.109 of the Trans....