ANNAPUBNA SEAL Vs. TIOWRIE 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 thika 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 to day 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 thika tenant thereunder.

(2.) BEFORE considering this question, it will be relevant to set out the broad relevant and essential facts. The plaintiff Sm. Annapurna Seal, as Administratrix to the estate of Rakhal Das Seal deceased, instituted this suit on the 19th November 1957 against the two defendants, Tincowrie Dutt and Dilip Kumar Sett. The plaintiff's case briefly is that by an Indenture of Lease dated the 26th May, 1925 between the Administrator General of Bengal as the sole executor of the last will and testament of one Bhagabati Das Seal as lesser and Jogendra Nath Dutta 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 the 1st July. 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 Seal 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 the 1st July, 1937 at a rent of Rs. 600/- per month. This second lease of the 5th July, 1937 contains a clause for renewal for a further period of three years. It may also be noted here that a sum of Rs. 1200/- 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 estate of her husband on the 14th November, 1946.