NARAYAN CHANDRA GHOSH Vs. KANAILAL GHOSH

JUDGEMENT

(1.) These appeals by the defendants arise out of common judgment rendered by the High Court in second appeals.

(2.) The short facts are that the plaintiffs filed two suits, viz., Title Suit Nos. 125 of 1978 and 146 of 1977 for eviction of defendants. Both the suits relate to eviction of defendants from different portions of a house. The former suit related to eviction from three rooms and the latter from one room. In both the suits, the plaintiffs were thika tenants whereas defendants were Bharatias. The grounds for eviction disclosed in the suits were default, causing nuisance by the defendants and bona fide need of the plaintiffs for the premises in question as number of their family members had substantially increased. When the suits were filed, The Calcutta Thika Tenancy Act, 1949 (hereinafter referred to as the 1949 Act) was in force. During the pendency of the aforesaid suits, The Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 (hereinafter referred to as the 1981 Act) was promulgated and as, according to the plaintiffs, the said suits abated under Section 19 of the 1981 Act, the plaintiffs filed another suits giving rise to Title Suit Nos. 35 of 1983 and 22 of 1983 for eviction of defendants from the aforesaid four rooms stating therein the same grounds for eviction.

(3.) Defendants contested the claim for eviction on grounds, inter alia, that the subsequent suits were not maintainable as earlier suits did not abate under Section 19 of the 1981 Act. They denied all the grounds for eviction.