AMAR NATH MISRA Vs. SREENARAIN MANSINGKA

JUDGEMENT

(1.) THE pltff. sues the deft for recovery of possession of premises No. 50, Burtolla Street, Calcutta, for arrears of rent, mesne profits and other reliefs. The pltf alleges that he is a lessee of premises No. 50 Burtolla Street. The deft. was a monthly tenant under the pltf. according to the Bengali calendar in respect of the said premises at a rent of Rs. 240 p. m. up to 14th Agrahayon 1855 B. S. (corresponding to 30 -11 -1948) and thereafter at the rent of Rs. 285 p. m. By a notice to quit dated 23 -3 -1949, the tenancy was terminated and the deft. was called upon to quit and vacate the premises at the expiry of the month of Chaitra 1355 B. S. corresponding to 13 -4 -1949. The deft. has without the consent or authority of the pltf. or his predecessor -in -interest sublet a major portion of the said premises for more than six consecutive months and is realising large sums as rents from the sub -tenants. The deft. has also failed and neglected to pay rents for the months of Jaistha, Assar, Sraban, Bhadra and Aswin 1355B. S. (l5 -5 -1948 to 17 -10 -1948) amounting to Rs. 1200 at the rate of Rs. 240 p. m. The deft. also failed to pay rent from Magh 1354 B. S. to the end of Baisakh 1355 B. S. (corresponding to the period from 7 -2 -1948 to 14 -5 -1948) amounting to Rs. 776 for which a suit being Suit No. 4081 of 1948 filed by the pltf. was pending in the Small Cause Ct., Calcutta. In the circumstances the pltf. filed this suit for ejectment and other reliefs as stated above.

(2.) IN the written statement filed by the deft. on 15 -6 -1949 it is stated that the premises No. 50, Burtolla Street, belonged to a Trust created by one Parbati Debi. The deft's father Dwarkadas Mansingka was a tenant under the Trust Estate as monthly tenant for many years and after his death in 1946 the deft. for self and as Karta of a Joint Hindu Mitakshara family had become the monthly tenant of the premises. The deft. admits that the rate of rent was Rs. 240 up to the end of November 1948, and thereafter Rs. 285 p. m. He denies the validity of the notice to quit and denies that the major portion of the premises had been sublet. It is stated that a portion of the premises had been sublet by the deft's father long before the Calcutta Rent Ordinance, 1946 or the West Bengal Rent Control Act 1948 and the sub -tenants have since been continuing in possession. It is stated that the deft. has deposited in Ct. the rents for Jaistha 1355 B. S. to Aswin 1355 B. S. and for Chaitra 1355 B. S. to Jaistha 1356 B. S. together with interest and costs according to the requirements of Section 12 (2), West Bengal Premises Rent Control Act, 1948, and the deft. also deposited in the Small Cause Ct. the claim and costs of the Suit No. 4081 of 1948 filed by the pltf. In the circumstances, the deft. claims reliefs under the protection of the West Bengal Premises Rent Control Act, 1948.

(3.) THE present suit was filed on 9 -5 -1949. The Writ of Summons was served on 12 -5 -1949. On 13 - 5 1949 the deft. submitted to a decree being passed in the Small Cause Ct. suit for the claim and costs of that suit and on 28 -5 -1949 he deposited in that Ct. Rs. 901 -9 -0 being the amount of claim and costs in that suit. On 2 -6 -1949 the pltf. withdrew the said sum from the Small Cause Ct.