ANDERSON WRIGHT AND CO Vs. AMAR NATH ROY

JUDGEMENT

(1.) -This order disposes of I.A. No. 4 of 2004 filed by the respondents seeking direction to appellants to pay or deposit, month by month, a fixed amount by way of mesne profits, as a condition precedent to the order staying execution of decree for eviction of appellants.

(2.) The suit property is situated in a prime locality of Kolkata. There are Governor House, High Court, Assembly, G.P.O., Reserve Bank of India, Income-tax office, Writers building, Telephone Bhawan etc. situated in the same area and some only at a walking distance from the suit property. Admittedly, the respondents are owner-cum-landlords of that part of the property which is held on tenancy by the appellants. The area in possession of the appellants is situated on the third floor and admeasures 6000 sq.ft. according to the respondents but is 5678 sq.ft. according to the appellants. The tenancy was created in the year 1939 at a monthly rent of Rs. 853.87p. per month.

(3.) The respondents initiated proceedings for the eviction of the appellants on the ground of the premises having been sublet or parted with possession by the appellants. The eviction was denied by the trial court. The appeal preferred by the respondents has been allowed by the High Court and the appellants have been directed to be evicted. The High Court has found that the tenancy premises were sublet or parted with possession by the appellants in favour of four companies, the alleged sub-tenants, who were carrying on business in the suit premises. Out of these four companies, three were still carrying on business while the fourth had stopped business by the time the case came to be decided.