TECHNICIANS STUDIO PRIVATE LIMITED Vs. LILA GHOSH

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Calcutta High Court disposing of a second appeal which arose out of a suit for recovery of possession instituted against the appellant by the first respondent. The property in dispute consists of land measuring 11 bighas 17 kathas and 17 sq. ft. with structures thereon, being premises No. 1, Babu Ram Ghosh Road, Calcutta, previously numbered as premises Nos. 2, 3 and 4, Babu Ram Ghosh Road. Earlier, in 1952 the predecessors-in-interest of the first respondent had brought a suit for ejectment of the lessees of the property impleading the appellant, a private limited company who were the sub-lessees, also as a defendant. That suit was decreed against all the defendants some time in 1954. The appellant applied for review of the judgment decreeing the suit. The review petition having been dismissed, the appellant moved the High Court in revision. The revision case was ultimately disposed of in terms of a petition of compromise. The relevant terms of the compromise were-

(2.) The property ultimately devolved on the first respondent as sole owner who on the expiry of the period of the lease mentioned in the compromise petition served a notice on the appellant to quit and vacate the premises. As the appellant did not comply with the notice, the first respondent instituted title suit No. 59 of 1970 on May 22, 1970 in the Third Court of the Subordinate Judge at Alipore for recovery of possession and mesne profits on a declaration that the appellant were trespassers and in wrongful occupation of the premises after the period mentioned in the petition of compromise had expired. The appellant's case in their written statement was that by payment and acceptance of rent a monthly tenancy had been created in their favour which was continuing even after the expiry of the said period. The trial court found that to be effective as a lease for sixteen years the petition of compromise required registration, and this not having been done it could not create any interest in favour of the appellant in the premises though they were entitled to protect their possession for a period of sixteen years under section 53A of the Transfer of Property Act. It was further held that payment and acceptance of rent made in terms of the unregistered compromise petition did not give rise to a right of tenancy and on the expiry of the said period they had no protection against eviction. The trial court accordingly decreed the suit. The first appellate court having dismissed the appeal preferred against this decision, the appellant took a second appeal to the High Court. The High Court dismissed the second appeal affirming the findings of the courts below.

(3.) The contention of the appellant in this court also is that as the first respondent and her predecessors in interest before her had accepted the rent paid month by month duly granting receipts, a monthly tenancy had been created in favour of the appellant independent of the protection they had under section 53A of the Transfer of Property Act. It is claimed that this was a tenancy governed by the West Bengal Premises Tenancy Act, 1956 which protected them against eviction. Was the High Court wrong on the facts found by the courts below in rejecting this contention