NONI GOPAL MITRA Vs. SM. ASHARANI BOSE

JUDGEMENT

(1.) The plaintiff has alleged that the property in question belonged to her mother, Annapurna Ghosh The latter made a gift of the same to her. It is a shop, where darma and hogla are dealt with. On the 7th April, 1962, she entered into a registered deed of agreement for partnership with the defendant, Nonigopal, with respect of such darma and hogla business. The agreement is that such business would run from the 1st April, 1962, to the 30th April, 1967. The share of the properties will be equal. The plaintiff will get a fixed monthly sum of Rs. 115.00 out of which Rs. 65.00 will be paid to the superior landlord. She will not be liable for any loss and she will not get any profits. Nonigopal will remain in charge of the business, enjoy the profits and share the loss. After the 30th April, 1967, that partnership has come to an end. She informed the defendant to vacate the property, but Nonigopal did not comply with her demand. Hence the suit for recovery of khas possession and for recovery of mesne profits.

(2.) The defence is that it was never intended between the parties that there would be a partnership business. The real relationship between the parties is of landlord and tenant. The agreement for partnership was a camouflage with a view to evading the provisions of the Calcutta Thika Tenancy Act and the Premises Rent Control Act. He is the sole owner of the business. He used to pay the rent of Rs. 115.00 to the plaintiff. Out of that sum, Rs. 65.00 was paid to the superior landlord.

(3.) The learned Munsif accepted the plaintiff's version and granted her a decree. The defendant preferred an appeal and became unsuccessful. Hence the second appeal.