M S RAM SINGH Vs. BIJOY SINGH SURANA

JUDGEMENT

(1.) This is an appeal by the tenant defendant under Clause 15 of the Letters Patent The suit was dismissed by the learned Judge, Third Bench. City Civil Court, Calcutta. On appeal Chittatosh Mookerjee. J. set aside the judgment and decree under appeal and decreed the suit.

(2.) The case in the plaint is as follows: The defendant was a monthly tenant under the plaintiff Oswal Jain & Co.. in respect of certain rooms and one kitchen in the fifth floor of premises No. 7/1C. Lindsay Street, Calcutta (described in the schedule to the plaint and hereinafter referred to as the suit premises) at a monthly rent of Rs. 223.84p, the tenancy being according to English calendar month. The tenancy was determined by notice to quit, duly served on the defendant, with expiry of September, 1961. It was alleged that the defendant had sub-let his tenancy without the previous consent in writing of the plaintiff and as such was not entitled to any protection under the West Bengal Premises Tenancy Act, 1956. The suit was accordingly instituted on December 7. 1961 claiming a decree for recovery of possession of the suit premises.

(3.) The suit was contested by the defendant who filed a written statement contending inter alia that the plaint was vague and misleading in material particulars and did not disclose any cause of action. It was further alleged that there were two sub-tenants since before the 1956 Act with the knowledge and consent of the landlord. The legality, validity and sufficiency of the notice and its service were also challenged. The defendant in the premises submitted that the suit should be dismissed.