RAMESH CHANDRA MAJUMDAR Vs. JAJNESWAR MAJUMDAR

JUDGEMENT

(1.) THESE two Revisional applications are directed against an appellate order allowing two applications under section 6 of the Calcutta Thika Tenancy Act for ejectment of the thika tenant of each case. In C. R. Case No. 2027 of 1957 the land of the tenancy is situated at 1/h/2, Sura Second Lane, Beliaghata. One Shyampada Sen Gupta became a tenant under the Opp Party, Jajneswar Majumder under a registered deed of lease dated 7th October, 1948 corresponding to 21st. Aswin 1355 B. S. for the period of 4 years and 7 months beginning from Aswin 1355 B. S. and expiring with the last day of Chaitra 1359 B. S. in respect of a plot of land measuring 4 1/2 cottas, at the monthly rent of Rs. 22/8/ -. On 13th November, 1950, the petitioners Ramesh Chandra Majumder and Nagendra Nath Majumder purchased the lease-hold interest of Shyampada Sen Gupta. There was a condition embodied in the lease deed that on the expiry of the term of the lease, the lessee could get a renewed lease for a further time of five years on executing a fresh lease deed and on agreeing to the increased rent of Rs. 15/-per month.

(2.) IN C. R. Case No. 2028 of 1957, we are concerned with a similar plot of land measuring about 3 1/2 cottas, and situate at No. 1/h/3, Sura Second Lane, Beliaghata. In this case, the petitioner Nirmal Chandra Ghose by executing a registered deed of lease on 7th October, 1948 corresponding to 21st, Aswin 1355 B. S. took lease of the land for the period of 4 years and 7 months beginning from Aswin 1355 B. S. and ending with the last day of Chaitra 1359 B. S. at the monthly rent of Rs. 17/8/- and there was a similar condition in the lease deed that on the expiry of the term of the lease, the lessee could take a renewed lease for fresh term of five years on executing a fresh lease deed and on agreeing to the increased rent of Rs. 35/- per month.

(3.) IN each case, on the expiry of the term of the lease, the lessee did not approach the landlord for a renewed lease at the increased rate of rent stipulated. The landlord served notice on the tenant of each case stating that it was open to him to renew the lease for a period of five years by executing a fresh lease deed at the increased rate of rent, but the tenants in neither case responded. Thereupon, the landlord filed two applications under clause (vi) of sec. 3 of the Thika Tenancy Act, i. e. , on the expiry of the terms of the lease when there is a registered lease deed.