HIRAK ROY CHOWDHURY Vs. DULAL CHOWDHURY

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 31st July, 1992 and 10th August, 1992 respectively passed by the learned Assistant District Judge, 3rd Court, Alipore in the Title Appeal No. 222 of 1991 affirming the judgment and decree dated 30th April, 1991 and 7th June, 1991 respectively by the learned Munsif, 2nd Court, at Alipore in title Suit No. 348 of 1978.

(2.) THE appeal is at the instance of the defendant in a suit for eviction and mesne profit. The plaintiffs are the owners of the suit premises at premises being 20B, Bullygung Station Road where the original defendant Smt. Sulata Ghosh (since deceased) was a monthly tenant in respect of the ground floor at a rental of Rs. 110/- payable according to English calendar month. The suit was filed on the ground of default in payment of rent since February, 1977 and for causing damage to the suit premises. The other grounds mentioned in the plaint by the plaintiffs are subletting of a portion of the suit premises to one Bireswar Roy Chowdhury without the knowledge and consent of the plaintiffs and the plaintiffs also reasonably required the suit premises for their own use and occupation. A notice of ejectment was served upon the defendant and inspite of service of the said notice defendant refused to vacate the tenanted portion of the suit premises and hence, the plaintiffs brought this suit against the original defendant Smt. Sulata Ghosh (since deceased). The original defendant Smt. Sulata Ghosh (since deceased) contested the suit by filing written statement.

(3.) ACCORDING to the deceased defendant, the suit premises was originally let out to her late husband Jitendra Nath Ghosh in 1946 by the then owner and landlord Shri Janaki Nath Sen. From the inception of tenancy Bireswar Roy Chowdhury, brother-in-law of the then tenant Jitendra Nath Ghosh, had been residing in the said suit premises with his family members. Said Bireswar Roy Chowdhury is the father of the present appellant Hirak Roy Chowdhury. The then owner transferred the property in favour of the predecessor-in-interest of the present respondent in the year 1960. Jitendra Nath, the original tenant, died intestate in July, 1976 leaving behind him his widow Sulata as his sole legal heir and accordingly, Sulata Ghosh became the tenant in respect of the said ground floor flat. It may be mentioned here that Jitendra Nath and Sulata were issueless. In the year 1978 ejectment suit was filed against Sulata Ghosh.