DOYAMOYEE MANNA Vs. SADHAN CH DAS

JUDGEMENT

(1.) -This second appeal is at the instance of substituted defendant No. 3 in a suit for eviction and is directed against judgment and decree dated March 13, 1992 passed by the learned Additional District Judge, 4th Court, Midnapore in Other Appeal No. 32 of 1991 thereby setting aside these dated January 28, 1992 passed by the learned Munsif, 1st Court Midnapore in Other Suit No. 3 of 1983.

(2.) The respondent No. 1 brought against one Saraswati Dasi, since deceased, the predecessor-in-interest of the present appellant in the 1st Court of learned Munsif, Midnapore a suit for eviction being other Suit No. 3 of 1983 on different grounds mentioned in section 13(1) of the West Bengal Premises Tenancy Act ("Act") including the ground of creating illegal sub-tenancy in favour of the present appellant and one Harekrishna Prodhan. During the pendency of the suit, the original tenant having died, the present petitioner and the respondent Nos. 2 and 3 were substituted in her place.

(3.) The said suit was initially contested by late Saraswati Dasi, the original defendant, thereby disputing the allegation made in the plaint. As regards the ground of subletting, the specific defence of the original tenant was that the present appellant is the widow of her brother and she is also childless widow like the original defendant. The present appellant, according to the original defendant, had been residing with her for last 35 years and was assisting the defendant in her daily work. The appellant, was thus a dependent and a family member of the original defendant. Therefore, the appellant could not be described as a subtenant. Harekrishna Prodhan is the brother of the present appellant and was a resident of Egra P.S. He being a brother of the present appellant, at times used to come to her but it was totally false that she was occupying a room as sub lessee.