JUTHIKA MULICK Vs. MAHENDRA YASHWANTLAL

JUDGEMENT

(1.) This appeal arises out of the certificate issued by the High Court of Calcutta under Article 133(a) and (b) of the Constitution of India.

(2.) The facts are simple. Being simple it is fascinating. However, the fascination is only superficial, ultimately leading to question of legal complication.

(3.) The predecessors of the respondents leased out a suit premises No. 266A, Chittaranjan Avenue, Calcutta in favour of Lall Behari Mullick under a registered lease-deed dated 11-7-1966. The monthly rent was fixed at Rs. 160/- The lease deed contained a covenant that the lease was for the lifetime of the lessee and his heirs, executors, administrators, representatives and assigns must yield up and deliver quiet, peaceful and vacant possession of the demised premises within three months of the date of the death of the lessee unconditionally and without any objection whatever. They shall have no right to hold over the demised premises after the said period under any circumstances. The lessee died on 16-12-1970. His heirs did not deliver possession. This necessitated filing of Suit No. 704 of 1971 for eviction of the defendants. The principal defence raised in the written statement was that the original lessee Lall Behari Mullick having died on 16-12-1970, the registered lease deed dated 11-7-1966 will fall under category of a lease for less than five years by operation of statute. Therefore, the matter will be governed by West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as 'the Act') The defendants who were residing in the said suit premises with the said Lall Behari Mullick during his lifetime have become monthly tenants under the plaintiffs, by operation of law. They are still residing therein as monthly tenants. After the death of Lall Behari Mullick, the rent for the suit premises was sent to appellant No. 1 by money order by defendant No. 1. On his refusal to accept the same, the defendants have been duly depositing the rent for the suit premises month by month with the Rent Controller, Calcutta.