Calcutta High Court
Nand Lal Rathi vs M/S. A. T. Gooyee Enterprises on 25 March, 2026
Author: Sabyasachi Bhattacharyya
Bench: Sabyasachi Bhattacharyya, Supratim Bhattacharya
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OD-1
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
ORIGINAL SIDE
BEFORE:
THE HON'BLE JUSTICE SABYASACHI BHATTACHARYYA
-AND-
THE HON'BLE JUSTICE SUPRATIM BHATTACHARYA
APDT/4/2026
IA No. GA/1/2026
NAND LAL RATHI
-VS-
M/S. A. T. GOOYEE ENTERPRISES
For the appellant : Mr. Siddhartha Lahiri, Adv.,
Mr. Shashwat Nayak, Adv.,
Mr. Sumit Biswas, Adv.,
Mr. Debdas Dutta, Adv.
For the respondent : Mr. Surajit Nath Mitra, Sr. Adv.
Mr. Jayjit Ganguly, Adv.
Mr. Pradip Sancheti, Adv.
Mr. Rudrajit Sarkar, Adv.
Ms. Vansika Newar, Adv.
Heard on : 25.03.2026
Judgment on : 25.03.2026
Sabyasachi Bhattacharyya, J.:
1. Upon hearing learned counsel for the parties, we find sufficient
explanation for the delay having been furnished. Accordingly, the delay
in preferring the appeal is condoned.
2. The present intra court appeal and APDT/6/2026 have been preferred
against a common judgment and separate decrees dated August 25,
2025, whereby the tenant’s/appellant’s suit, claiming tenancy rights
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and permanent injunction, was partly decreed by declaring that the
appellant is a tenant in respect of the suit property, and an eviction suit
filed by the respondent herein was decreed.
3. The brief backdrop of the case is that an agreement, captioned as one of
Leave and Licence, was entered into the between the parties on April 1,
2004.
4. Whereas the respondent pleaded that the same was a Leave and Licence
agreement simpliciter, the present appellant took a defence that the
same was in effect a lease deed. The contention of the appellant was
accepted by the suit court, holding that the appellant was a
tenant/lessee in respect of the suit property.
5. Learned counsel appearing for the appellant contends that the lease
deed was executed by one partnership firm by the name of “M/s A.T.
Goyee Enterprises”, whereas rent receipts were subsequently issued by
one “M/s. A. T. Gooyee Enterprises”.
6. It is submitted that as such, the entity which filed the suit for eviction
was different than the lessor of the appellant.
7. It is contended that the learned Trial Judge failed to look into the
material evidence in that regard to hold that there was privity of
contract between the parties and that the expression “M/s. A. T. Goyee
Enterprises” and “M/s. A.T. Gooyee Enterprises” were used
interchangeably between the parties to mean the present respondent.
8. Secondly, it is contended by the appellant that the original lease deed
dated April 1, 2004 was ultimately given a go-by, since rent was paid at
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the rate of Rs.45,000/- plus Rs.1000/-, totalling Rs.46,000/- per
month, which deviated from the rent agreed upon in the lease deed.
Thus, it is argued that an independent monthly tenancy was created
between the parties and, as such, the learned Trial Judge proceeded on
an erroneous premise to rely on the lease deed to grant an eviction
decree.
9. Thirdly, it is argued that the lease deed being unregistered, the tenancy
between the parties was a monthly tenancy within the contemplation of
the Transfer of Property Act, 1882.
10. Learned senior counsel appearing for the respondent hands over soft
copies of Exhibit-3 in the suit, that is, a rent receipt, from which it
transpires that although the original printed name of the lessor in the
said receipt was “M/s. A. T. Goyee Enterprises”, but there was an
interpolation of an additional letter “o” in the expression “Goyee”,
thereby making it “Gooyee”. It is submitted that as such, since such
document came from the custody of the appellant himself and was
relied upon by the appellant, it is an admitted position that the
perception of the parties was that the terms “Goyee” and “Gooyee” were
all along used interchangeably to refer to the lessor.
11. Learned senior counsel further argues that in any event, a notice to quit
was given within the contemplation of Section 106 of the Transfer of
Property Act, 1882 which terminated the tenancy, even it was an
independent monthly tenancy and not a lease as per the deed.
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12. Upon a careful consideration of the impugned judgment and the
materials before us, including the pleadings of the parties in the Trial
Court, we come to the conclusion that one of the plausible views
available on the materials on record was taken by the learned Single
Judge, as such precluding any necessity of interfering with the same,
particularly within the constrained conspectus of an intra-court Letters
Patent appeal.
13. We say so for the following reasons:-
14. From the agreement of Leave and Licence, which was ultimately held by
the learned Single Judge to be a lease deed, it is evidenced that the
jural relationship of lessor-lessee between the parties commenced on
and from April 1, 2004 and that the agreed rent between the parties
was Rs.45,000/-. In terms of the said deed, a security deposit of
Rs.2,70,000/- was also to be deposited by the appellant in favour of the
respondent.
15. Such facts were iterated in the plaint of the eviction suit by the
respondent, in particular in paragraph no. 2 thereof. In paragraph no.8
of the written statement filed by the appellant in connection with the
said suit, it was categorically admitted that the defendant entered into
possession on April 1, 2004 and also deposited a sum of Rs.2,70,000/-
as interest free security deposit with the respondent herein as well as
“licence fees” of Rs.45,000/- per month. Thus, it is an admitted position
that the jural relationship of lessor/lessee between the parties
commenced in terms of the deed dated April 1, 2004, which does not
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leave any scope for the appellant to resile from such position at this
stage by The learned Single Judge went on to observe that the above
fact establishes that without any dispute, the appellant accepted A. T.
Gooyee Enterprises as landlord, to whom rent was paid and accepted.
16. claiming that an independent tenancy was created.
17. The mere fact that an additional amount of Rs.1000/- as agreed
between the parties was paid, purportedly as rent for sub-lease, does
not alter the position that the jural relationship between the parties was
governed by the lease deed dated April 1, 2004 and also was the
starting point of the said relationship.
18. The question as to identity of the appellant was also dealt with explicitly
and elaborately by the learned Single Judge in the impugned judgment.
19. It was observed by the learned Single judge that from the conduct of the
parties, it was evident that the appellant was aware of the spelling M/s.
A. T. Gooyee Enterprises. It was observed further in the impugned
judgment that when the Leave and Licence agreement was executed, it
contained the spelling “M/s A. T. Goyee Enterprises” whereas in the
stamp paper the name was depicted as “M/s A. T. Gooyee Enterprises”.
20. It was further recorded in the impugned judgment, on the basis of the
deposition of the appellant as witness, that an agreement was entered
into without any objection and it was acted upon by the parties and
that subsequently rent was tendered on behalf of the appellant, which
was accepted by M/s A. T. Gooyee Enterprises. The appellant further
stated in his evidence that he paid rent by cheques. The learned Single
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Judge recorded that the entry in his passbook dated August 18, 2008
was in the name “A. T. Gooyee Enterprises”.
21. It may be noted here that learned counsel for the appellant points out
that the last such observation was contrary to Exhibit-5, the bank
passbook, which indicates that the entry of that date was not in the
name of M/s. A. T. Gooyee Enterprises but in the name of A.T. Goyee
Enterprises.
22. Even if we proceed on the premise that the entry in the passbook dated
August 18, 2008 was erroneously noted by the learned Single Judge,
from the other evidence which was considered as well, we find that
sufficient and plausible justification for coming to such finding was
attributed by the learned Single Judge in his judgment, such as the
rent receipts being in the name of M/s A. T. Gooyee Enterprises as well
as the stamp paper on which the lease agreement was entered into also
being in the name of M/s. A. T. Gooyee Enterprises, that is, the
plaintiff/respondent.
23. Thus, since the said finding of the learned Single Judge, to the effect
that the appellant as well as the respondent proceeded on the premise
that the difference in the name was insignificant and such names were
used interchangeably, was based on sufficient evidence, we do not find
any reason to interfere with such finding of fact, being based on
material evidence.
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24. The isolated instance of error in reading the entry in the passbook for
one date does not vitiate the said finding otherwise. in view of there
being sufficient other materials to support such conclusion.
25. With regard to the next contention that the lease deed was given a go-
by, in other words, not acted upon, such stand is patently contrary to
the pleadings and the admission therein made by the appellant in the
suit court.
26. As discussed above, in paragraph 8 of the written statement, dealing
with the concerned allegation of the plaintiff in paragraph no.2 of the
plaint, the appellant categorically admitted that he had acted upon the
deed dated April 1, 2004, had entered into possession on April 1, 2004,
as well as paid rent at the rate as stipulated in such agreement along
with interest free security deposited of Rs.2,70,000/-, which was also as
per the stipulation in the lease agreement itself.
27. In view of such categorical admission, the appellant cannot now resile
from such stand and argue that the lease deed was given a go-by.
28. The next contention of the appellant, to the effect that without giving
effect to the lease deed, an independent monthly tenancy was created
between the parties by dint of issuance of monthly rent bills, cannot
also be accepted in the absence of any independent corroborative
evidence to substantiate the same.
29. Contrary to the argument advanced on behalf of the appellant, a lease
already in existence by virtue of a lease deed is not automatically
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novated and/or no new tenancy is created month to month merely by
issuance of monthly rent bills.
30. To establish the novation of a contract and/or creation of a new
monthly tenancy independent of the lease deed, pursuant to which the
jural relationship between the parties admittedly commenced, the
appellant had to bring on record sufficient evidence in support of such
creation of fresh tenancy and had to establish by cogent evidence that a
consensus ad idem was reached between the parties to create such
fresh jural relationship. We do not find any such evidence being on
record or being adverted to by the learned Single Judge.
31. Even otherwise, the question of whether there was a monthly tenancy of
the appellant in respect of suit property pales into insignificance in view
of a quit notice having been issued to terminate such tenancy. Although
the appellant submits that the said notice was purportedly under
Section 108 of the Transfer of Property Act, 1882, alternatively that it
carried no caption of any particular provision of law, we find from the
tenor of the said quit notice dated February 25, 2009, which was also
exhibited in the suit, that all necessary prerequisites and parameters of
Section 106 of the said Act were satisfied in the said notice, inasmuch
as it was categorically stated therein that the appellant was to quit and
vacate the said premises upon the expiry of the purported licence
agreement by way of efflux of time on March 31, 2009 and hand over
the peaceful vacant possession of the suit premises in good condition in
terms of the said agreement. Since the date of issuance of the notice
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was February 25, 2009 and the last date of vacating the premises
stipulated therein was March 31, 2009, the time period given therein for
the lease to terminate and/or the lessee to vacate is in consonance with
Section 106 of the 1882 Act.
32. Thus, even if there was a monthly tenancy between the parties in the
absence of registration of the lease deed, the same was validly
terminated within the contemplation of Section 106 of the Transfer of
Property Act, 1882 by the respondent.
33. Hence, we find no illegality and/or irregularity, or any error – legal or
factual – in the impugned judgment of the learned Single Judge
justifying interference with the same.
34. In such view of the matter, APDT/4/2026 is dismissed on contest
without any order as to costs, thereby affirming the impugned judgment
and decree dated August 25, 2025 passed in CS/258/2009.
35. IA No.GA/1/2026 is consequently dismissed as well.
36. No order as to costs.
(SABYASACHI BHATTACHARYYA, J.)
I Agree.
(SUPRATIM BHATTACHARYA, J.)
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