Khajna Receipts & Municipal Tax Records Sufficient to Establish Better Title: Calcutta HC Dismisses Eviction Appeal [Read Order]

The Calcutta High Court, in dismissed a second appeal challenging an eviction decree passed against the appellants, who were deemed licensees, holding that khajna receipts & municipal tax records sufficient to establish better title.

The appellants contested the eviction decree on the grounds that the plaintiff had failed to prove absolute title to the suit property, relying solely on records of rights rather than a registered title deed. They claimed co-ownership through a common ancestor and argued that the plaintiff had not satisfactorily proven their induction as licensees.

The bench observed that

“Since the documents regarding the property stand in the name of the plaintiff’s mother, both the courts below proceeded on the premise that better title has been proved by the plaintiff, which is sufficient, in our opinion, in a suit for eviction of licensee.”

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A Division Bench comprising Justices Sabyasachi Bhattacharyya and Biswaroop Chowdhury held that in a suit for the eviction of a licensee, the plaintiff is not required to prove their title to the hilt or seek a specific declaration of title. Instead, the plaintiff need only establish a "better title" than the defendant.

The Court observed that the respondent had successfully exhibited documentary evidence, including original records of rights, Khajna receipts, and municipal tax receipts, demonstrating that the property was recorded in the name of the plaintiff's mother. In contrast, the appellants failed to produce any documentary evidence to establish their own claim of ownership or tenancy.

The Bench reasoned that since the defendants could not establish a legal right to remain on the premises, they were presumed to be either licensees or trespassers. Consequently, a person holding a better title is entitled to an eviction decree against such occupants.

The Court found no legal error in the concurrent findings of the courts below and dismissed the appeal under Order XLI Rule 11 of the CPC, noting that no substantial question of law arose for consideration.

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