SAIBALINI SAHA Vs. SNEHALATA BOSE

JUDGEMENT

(1.) THESE two second appeals arise out of two suits for ejectment. Second Appeal No. 1276 of 1955, arises out of Title Suit No. 463 of 1952 of the Second Additional Court of the Munsif at Alipore and the corresponding Title Appeal No. 587 of 1954 of the Court of the Additional District Judge. Alipore (Second Extra Court ). The other Second Appeal No. 1433 of 1955 arises out of the analogous Title Suit No. 464 of 1952 and the corresponding Title Appeal No. 588 of 1954.

(2.) BOTH the above suits, which were heard together, were decreed by the learned Munsif, but, on appeal, Title Suit No. 462 of 1952 was dismissed, the corresponding Title Appeal No. 587 of 1954 being allowed, and against this appellate decision, the plaintiff has preferred the corresponding Second Appeal (Second Appeal No. 1276 of 1955 ). The decree of the learned Munsif in the other Title Suit No. 464 of 1952 was, however, affirmed by the lower Appellate Court in Title Appeal No. 588 of 1954, and the defendant has preferred the corresponding Second Appeal No. 1433 of 1935 from this appellate decree.

(3.) THE two suits, as I have said above, were suits for ejectment. They were in respect of two different portions of premises No. 173 Rash Behari Avenue. The first suit related to a portion of the ground floor of the said premises held by the defendant therein, namely, Srimati Usha Rani Bose, as a tenant under the plaintiff, from month to month, according to the English calendar, at a monthly rental of Rs. 28/ -. The other Title suit concerns the first floor of the above premises No. 176 Rash Behari Avenue, which was held by the defendant in that suit, Srimati Snehalata Bose, as a tenant under the plaintiff, from month to month, according to the English Calendar, at a rental of Its. 55/- per month.