SUBRATA BASU MULLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two appeals and the connected stay applications have been taken up together for consideration, since common questions of fact and law are involved.

(2.) There will be an order in terms of prayer (a) in respect of both the stay applications.

(3.) The appellant/petitioner in these two appeals acquired by inheritance premises No. 44/3, Mahatma Gandhi Road, Calcutta-700 009, which is the subject matter of A.P.O.T. No. 210 of 2001, G.A. No. 1539 of 2001, as also premises No. 42, Mahatma Gandhi Road, Calcutta-700 009, which is the subject matter of A.P.O.T. No. 242 of 2001 and G.A. No. 1765 of 2001. The two aforesaid premises were acquired by late Santo Chandra Mullick, the father of the appellant/petitioner from one Sri Kali Gopal Ghosh and one Sri Ashes Kumar Mitra by a registered Deed of Transfer executed on 27th September, 1983. According to the appellant/petitioner on the death of Santo Chandra Mullick he inherited the two aforesaid premises. It is the specific case of the appellant/petitioner that premises No. 44/3, Mahatma Gandhi Road, Calcutta-700009, had been let out to the predecessor-in-interest of the respondent No. 9 more than 70 years ago and that the said respondent No. 9 was in occupation of the entire premises at a monthly rent of Rs. 350/-, payable according to the English calendar. Similarly, premises No. 42, Mahatma Gandhi Road, Calcutta-700 009, had been let out in favour of respondents No. 9 to 14, more than 50 years ago and the said respondents were occupying the entire premises at a monthly rent of Rs. 500/-, payable according to the English calendar. It is also the case of the appellant/petitioner that since the tenants in both the premises had failed to pay the monthly rents, the appellant/petitioner had to institute two separate suits, being Ejectment Suit No. 755 of 2000 and Ejectment Suit No, 295 of 1997, which were pending disposal in the Small Cause Court at Calcutta and the City Civil Court at Calcutta.