ANNAPURNA SEAL Vs. TINCOWRIE DUTT

JUDGEMENT

(1.) This is an appeal from the judgment of H.K. Bose, J. dismissing the Plaintiff's suit for ejectment, on the main ground that the Defendants are ticca tenants under the Calcutta Thika Tenancy Act, 1949, as amended by the Act of 1953. A letting which took place in, 1925, thirty-five years ago long before this present Statute was contemplated and which contains today a permanent two-storied regular masonry building is claimed to be a thika tenancy. The Appeal involves interpretation of the Calcutta Thika Tenancy Act and of the definition of a ticca tenant there under.

(2.) Before considering this question, it will be relevant to set out the broad relevant and essential facts. The Plaintiff Sm. Anna-purna Seal, as Administratrix to the estate of Rakhal Das Sea deceased, instituted this suit on November 19, 1957 against the two Defendants, Tincowrie Dutt and Dilip Kumar Sett. The Plaintiff's case briefly is that by an Indenture of Lease dated May 26, 1925 between the Administrator General of Bengal as the sole executor of the last will and testament of one Bhagabati Das Seal as lessor and Jogendra Nath Dutt and Ram Chandra Sett as lessees, premises Nos. A to E of 119, Bowbazar Street Calcutta, were let out for a period of twelve years commencing from July 1, 1925. The lessees in 1925-1926 built certain structures on the said land. Thereafter there was partition of the estate of the said Bhagabati Das Seal deceased amongst his three sons. The property in suit was allotted to one Rakhal Das Sea as his one-third share of the said estate. The present Plaintiff is the Administratrix to the estate of the said Rakhal Das Seal since deceased.

(3.) The Plaintiff's further case is that this lease for twelve years expired in the year 1937 and a fresh lease was granted by Rakhal to the said lessees for, another period of twelve years from July 1937 at a rent of Rs. 600 per month. This second lease of July 5, 1937 contains a clause for renewal for a further period of three years. It may also be noted here that a sum of Rs. 1,200 was deposited by the lessees as security under this lease Rakhal Das died in 1946 during the currency of the second lease and the Plaintiff obtained Letters of Administration to the esta(sic) of her husband on November 14, 1946.