FIRDOUS OMER Vs. BANKIM CHANDRA DAW

JUDGEMENT

(1.) Leave granted.

(2.) The original plaintiff, Sheikh Mohammad Omer, the predecessor-in-interest of the appellants herein, filed the suit C.S. No.145 of 1983 in the High Court of Calcutta praying for a declaration that he was a valid and lawful tenant in respect of the plaint schedule premises and indicated in the plan annexed to the plaint, for a perpetual injunction restraining the defendants, the owner and those who were claiming under or through him from the interfering with his possession of the premises and for other consequential reliefs. The case of the plaintiff was that he had taken the suit premises on lease for being enjoyed along with the adjacent premises belonging to him and that on the expiry of the term of the lease which was for 25 years, the plaintiff continued to be a tenant from month to month and the owner and those claiming under or through him, were not entitled to interfere with his right as a tenant. The defendants, the owner and those claiming under or through him, resisted the suit by denying the claim of the plaintiff that he was a tenant from month to month and setting up a plea that on the expiry of the term of the lease relied on by the plaintiff, the plaintiff had abandoned the premises, the owner had taken possession of it and there was no subsisting tenancy in his favour as claimed by the plaintiff.

(3.) Pending suit, the plaintiff died and his legal representatives were brought on record as additional plaintiffs 1(a) to 1(e). The owner, defendant No. 1 also died and his legal representatives were also brought on record.