INDIA UMBRELLA MANUFACTURING CO Vs. BHAGABANDEI AGARWALLA

JUDGEMENT

(1.) The suit property consists of a house and outhouses bearing Municipal No. 47, Ward No. 5 (new Ward No. 20), S.R.C.B. Road, Fancy Bazaar, Guwahati. The house property is situated over a piece of land which bears patta Nos. 1382 and 1064. The entire property including the land and the building standing thereon was owned by late Ladi Aggrawalini. It was in possession of two tenants. On 24-8-1957, late Ladi Aggrawalini made a gift of the suit property in favour of her two daughters namely Bhagabandei and Buchi Devi. The tenants were informed and they attorned in favour of the donee sisters. On 1-6-1967, fresh deeds of lease came to be executed between the two co-landlords jointly and the two tenants individually. M/s. India Umbrella Manufacturing Company (the appellant in Civil Appeal No. 5357 of 1996) agreed to continue to hold the tenancy premises on a monthly rent of Rs. 1,200/- undertaking to pay Rupees 600/- each to the two co-owners. M/s. Bharat Stores and Agencies through its proprietor Tulsiram Swami (who and whose alleged sub-tenants are the appellants in Civil Appeal No. 5358 of 1996) agreed to continue in possession of the tenancy premises on a monthly rent of Rs. 500/- undertaking to pay Rs. 250/- to each of the two co-owners separately. Thus, though the property was undivided and jointly owned by the two sisters, the rent agreed upon by the two tenants was by consent apportioned in equal shares between the two co-owner landladies.

(2.) In the year 1971-72, the two co-owners namely Bhagabandei and Buchi Devi initiated proceedings for partition of land in Case No. 63 of 1971-72 under the local law governing the partition of land holdings. Pursuant to the order passed in the Partition Case, Partition Patta No. 1382 with Dag Nos. 2435, 2436, 2437, 2438, 2439, 2400 and 2484 was issued in the name of Bhagabandei and Partition Patta No. 1064 with Dag Nos. 2327, 2379, 2339, 2333, 2386 and 2387 was issued in the name of Buchi Devi. The land was thus partitioned. The two sisters did not consider it necessary to have the structure of house standing over the land also partitioned by metes and bounds inasmuch as they had mutually agreed to demolish the superstructure and then to construct their separate houses on their respective pieces of land which had fallen to their respective shares pursuant to the land partition proceedings.

(3.) To the extent of what has been stated hereinabove the facts are not disputed. The co-owner and co-landlady sisters joined together in filing suits for ejectment of the two tenants. The two landladies pleaded that they did not have any other house of their own and on being vacated by the tenants the present structure was to be demolished and on reconstruction used for their own occupation. The tenants were alleged to have defaulted in payment of rent and then fallen into arrears. There was also allegation of creation of sub-tenancy. The trial Court found the plaintiffs not entitled to the decree for eviction and directed the suits to be dismissed vide judgment and decree dated 30-4-1981.