Nand Lal Rathi vs M/S. A. T. Gooyee Enterprises on 25 March, 2026

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    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

                                                                                 2026:CHC-OS:102-DB
    
    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

    SPONSORED

    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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