Case Details

  • Case Name: M/s XCLUSIVE INN PRIVATE LIMITED & ANR. vs ANJANA GUHA & ORS.
  • Court: Supreme Court of India, Civil Appellate Jurisdiction.
  • Appeal No.: Civil Appeal No. ___ of 2026 (SLP(C) No.17644/2026).
  • Order Date: 21 May 2026.
  • High Court Judgment Date: 09 April 2026 (FAT No. 270/2023, Calcutta).
  • Trial Court Decree Date: 10 July 2023.
  • Tenancy Details: Monthly rent Rs 28,000 for a ten‑year term ending 16 March 2018, subsequently renewed.
  • Suit Filed: March 2021 by respondents seeking possession, arrears of rent/licence fee, and mesne profits.

Parties Involved

  • Appellants: M/s XCLUSIVE INN PRIVATE LIMITED and another (ANR.).
  • Respondents: ANJANA GUHA and others.
  • Counsel for Petitioners: Sr. Adv. Paramjit Singh Patwalia, Adv. Amarjit Singh Bedi, AOR Varun Chandiok, Adv. Gaganpreet Sandhu, Adv. Riya Seth, Adv. Armaan Sharma, Adv. Gopal Chandra Das.
  • Counsel for Respondents: Adv. Aditya Singh‑1, AOR Anirban Roy.
  • Bench: Hon'ble Mr. Justice PAMIDIGHANTAM SRI NARASIMHA and Hon'ble Mr. Justice ALOK ARADHE.
  • Registrar: Sweta Balodi, Nidhi Wason (Assistant Registrar).

Issues / Allegations / Violations

  • Dispute over possession of premises, alleged arrears of rent/licence fee, and mesne profits.
  • Appellants contended they were tenants, not licensees, asserting that tenancy rights were not validly determined under Section 106 of the Transfer of Property Act, 1882.
  • Trial Court held appellants had admitted the licence fee and that the licence period had expired, consequently decreeing the suit.
  • High Court dismissed the first appeal without addressing the appellants' submissions or grounds raised in the memorandum of appeal.

Findings & Observations

  • The Supreme Court observed that the High Court failed to consider the submissions and grounds advanced by the appellants and dismissed the appeal in a cursory manner.
  • It emphasized that a first appellate court must independently appreciate the material on record and provide cogent reasons for its conclusions.
  • The Court noted that the High Court merely concurred with the Trial Court’s findings without independent analysis.

Penalties / Settlements / Directions

  • No monetary penalty was imposed.
  • The judgment and decree of the High Court were set aside.
  • The appeal was remitted to the High Court for fresh consideration.
  • The interim order dated 17‑08‑2023 (issued by the High Court) shall continue to operate pending disposal of the appeal.
  • The Supreme Court directed the High Court to decide the appeal within three months.

Corrective Actions & Future Obligations

  • The High Court must re‑examine the appeal afresh, taking into account all submissions and grounds raised by the appellants.
  • Parties are to comply with the continuing interim order until the fresh determination is rendered.

Final Ruling & Enforcement

  • Leave granted for the special leave petition.
  • The appeal is disposed of in terms of the signed order, with the High Court judgment set aside and the matter remitted for fresh consideration.
  • Any pending applications shall stand disposed of.
  • The order was signed by Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe, and placed on file by Sweta Balodi and Nidhi Wason, Assistant Registrar.