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2012 (9) TMI 310 - CALCUTTA HIGH COURTWinding up of company - dispute on tenancy rights - Wacoma a company claiming to be a tenant of the self-same bungalow as against Incandescent's who went into liqudation - At one point of time Wacoma was Incandescent's subsidiary but subsequently the companies became independent of each other - Held that:- Incandescent was a tenant in respect of the property under Tivoli Park, since 1970. Admittedly, there was no evidence that the tenancy was terminated at any point of time - Unless the tenancy is terminated, it would continue to remain. If a tenant defaults in making payment of rent, the tenancy does not automatically come to an end. It would depend upon a positive consequential act of the parties. The landlord may give notice to quit. The tenant may accept such notice and quit the tenancy. If he does not do so, the landlord has to approach a Civil Court for a decree of eviction and recovery of possession. In the instant case, Incandescent was paying rent. At one point of time Wacoma was its subsidiary. Subsequently the companies became independent of each other Incandescent had gone in liquidation in September 2002. There was evidence on record to show that Incandescent paid rent even in August 2002. Wacoma claimed tenancy since April 2002, on the strength of the receipts, thus there could not be two tenancies in respect of one self-same premises. Incandescent paid rent even in August 2002 that would automatically demolish the case of Wacoma, having entered into agreement for tenancy in March, 2002. Pertinent to note, Wacoma could not produce any document except the receipts to prove their tenancy - in absence of a surrender of tenancy by Incandescent there could not be any new tenancy created in favour of Wacoma - Incandescent paid rent up to August 2002 and as it went in liquidation in September 2002. Hence, the case made out by Wacoma that they got the tenancy under Tivoli through Sutodia in March, 2002, falls to the ground. The company in liquidation admittedly does not own the property Tivoli cannot be forced either to sell or let it out to Wacoma as Court cannot create tenancy without the consent of the landlord.
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