GOBINDA LAL SAHA Vs. PARIMAL KUMAR DUTTA

JUDGEMENT

(1.) After lapse of more than ten long years, the petitioners in this Rule have filed an application for restoration of the Rule after vacating an order dated Dec. 16, 1969. By that order a Division Bench of this Court hid recorded abatement of the Rule on account of non-substitution of the heirs and legal representatives of the sole opposite party Parimal Kumar Dutta who died on July 15, 1968.

(2.) Parimal Kumar Dutta instituted a proceeding under section 5 of the Calcutta Thika Tenancy Act against the petitioners claiming their eviction on two fold grounds of (1) subletting and (2) default. In tribunals below it succeeded only on the ground of subletting but the plea of default was overruled. Parimal Kumar Dutta moved this court on an application under Art. 227 of the Constitution and this Court having found the petitioners to be in default remanded the proceeding for assessment of the arrears and affording relief under section 6 of the said Act. After such remand, the Controller assessed the arrears of rent but in doing so excluded the corporation taxes payable by the petitioners on the view that such taxes do not constitute a part of the rent. Parimal Kumar Dutta preferred an appeal and the appellate tribunal reversed the Controller's decision on the point by the order dated July 28, 1966. The petitioners challenged the said order in an application under Art. 227 of the Constitution on which the above Rule was issued.

(3.) Pending the Rule when the sole opposite party died, on the petitioners own representation this Court recorded the following order, viz. :