BALLABHRAM BADRINARAYAN LTD Vs. DEBI PRASAD SONI KHETTRI

JUDGEMENT

(1.) In this suit the Plaintiff company claims recovery of possession of land measuring 4 cottas and a half at 58, Upper Chitpur Road, Calcutta, said to be in the possession of the Defendant and for mesne profits at the rate of Rs. 10 per day from Ashwin 1, 1355 B.S. The suit was filed on September 25, 1948.

(2.) The Plaintiff's case is that, by an order dated January 30, 1948, made by this Court in Suit No. 1171 of 1943 Sukumari Dasi v. Durlabh Das Basak, Mr. Sudhirendra Nath Ghosh was appointed Commissioner of Partition and Special Referee, with liberty to sell by public auction or by private treaty the said land at 58, Upper Chitpur Road. The Plaintiff company purchased the said land on April 24, 1948, at an auction-sale. By conveyance, dated August 6, 1948, the Plaintiff-company claims to be the owner of the said land. The Defendant is said to have been a monthly tenant, until the expiry of Bhadra 31, 1355 B.S., according to the Bengali calendar, in respect of the southern portion of the said land, measuring about 4? cottas at a rent of Rs. 68 per month in addition to his share of the Corporation rates and taxes amounting to Rs. 86 per quarter. Particulars of the area occupied by the Defendant are set out in para. 4 of the plaint. The Defendant attorned to the Plaintiff company as a tenant as from Sraban 21, 1355 B.S., corresponding to August 6, 1948, being the date of the said conveyance. The Defendant is alleged to have sublet, without the consent in writing of the Plaintiff company or its predecessor-in-interest. The Plaintiff company, by a notice dated August 30, 4948, determined the said tenancy, but the Defendant is alleged to be still in occupation wrongfully, although the notice called upon the Defendant to vacate by the end of Bhadra 31, 1355 B.S., corresponding to September 16, 1948.

(3.) The written statement of the Defendant was filed on January 10, 1949 and was amended by an order dated August 23, 1949. By the amendment the Defendant pleads--