RADHE SHYAM RUIA Vs. TARA DEVI JALAN

JUDGEMENT

(1.) The appeal is directed against the judgment and decree dated 19.2.97 passed by a learned single Judge of this Court in Suit No. 180 of 1992 whereby and where-under the suit of the plaintiff for 'Khas' possession was decreed with mesne profit calculated @ Rs.3 per sq. ft. from 4th March, 1992 till the defendant remains in occupation. The defendant is the appellant in the instant appeal.

(2.) The suit was filed, inter alia, for a decree for 'Khas' possession of the Premises No.68/1B, Nimtala Ghat Street, Calcutta. The said reliefs were claimed, inter alia, on the ground that the defendant was a tenant of the premises in question under a registered Deed of Lease for a period of 21 years commencing on and from 1st January, 1970, which having come to an end by efflux of time on 31st December, 1990. The Plaintiff became entitled to Khas possession, as the lease being for more than 20 years, the provision of West Bengal Premises Tenancy Act, 1956 had no application in relation thereto. The suit premises it was also averred in the plaint, was reasonably required by the plaintiff for her own occupation as well as the occupation of her family members viz. her younger son Promod Kr. Jalan, his wife and only daughter. Neither the Plaintiff nor her said son or family members, it was asserted, are in possession of any reasonable and suitable occupation. The Plaintiff was in occupation of the 2nd floor of the building and a Katcha room, with two other married sons of plaintiff and their respective wives, two grand sons and one grand daughter. The area in occupation of the plaintiff and her family members comprised of 3 small bed rooms, 1 Kitchen divided into 2 bath rooms. The plaintiff and her three married sons have separate kitchens and there are 4 servants. The said occupation, it was stated, was wholly inadequate. The plaintiff and her younger son together with the members of his immediate family required a bed room for the occupation of the younger son and her wife, a separate room for the daughter, an office-cum-study room, a drawing room, dining room, a kitchen room, store room and two bath rooms and one servant room. The said premises in the occupation of the defendant has a carpet area approximately 1100 sq. ft. and comprises of one big bed room, three small bed rooms, on hall used as sitting-cum-dining space, one kitchen, one bathroom and a store room converted into a bath room. Despite notice served upon the defendant to make over peaceful possession of the suit premises, the defendant having failed to comply with, the suit in question was filed.

(3.) The original defendant died on 21.12.1993 and the appellants were substituted in his place and brought on record.