SHIBA BRATA KABIRAJ Vs. SUJIT KUMAR NANDY

JUDGEMENT

(1.) THIS Second Appeal is directed against judgment and decree dated 31st July, 2000 passed by learned Civil Judge (Senior Division) in Title Appeal No.1 of 1997. By said impugned judgment and decree learned Lower Appellate Court set aside judgment and decree dated 31st July, 1996 passed by learned Munsif, Additional Court, Sealdah in Title Suit No.107 of 1983.

(2.) THE respondent plaintiffs case, in short, is that defendant Shiba Brata Kabiraj was a tenant under him in the ground floor of premises No.3/B Shyamlal Street in respect of one room partitioned into two rooms and common latrine at a rental of Rs.110/- per month according to English Calendar month. THE defendant defaulted in payment of rent since January, 1975. Defendant along with his youngest brother started to occupy the suit premises initially. Later on another brother came to reside there and thereafter they inducted some other persons as boarders for running a mess in the suit premises. THE defendant converted mode of user of the suit premises from residential to commercial. Presently original defendant/tenant is residing in a separate premises at 22/2A Galiff Street in Kolkata and parted his possession with boarders and brothers. THE defendant was guilty of subletting the whole or major portion of tenancy without consent of plaintiff/landlord. THE tenancy of the defendant was terminated by sending a notice to quit.

(3.) BY the impugned judgment and decree learned Lower Appellate Court, however, decreed the suit for ejectment on the ground that defendant/tenant changed the mode of user and that he was also guilty of parting with possession of the suit premises in favour of others.