TAPAL MITRA Vs. SANTILATA MITRA

JUDGEMENT

(1.) THIS appeal at the instance of the tenant arises out of a suit for eviction under section 13 (1) (a) of the West Bengal Premises Tenancy Act. The Court of first instance decreed the suit on the ground of default but dismissed it under section 13 (1) (a) of the West Bengal premises Tenancy Act. The appeal being preferred by the tenant-defendant's legal representative, the Appellate Court decreed the suit under section 13 (1) (a) of the Act but on the ground of default, however, held against the landlord.

(2.) THE plaintiffs case is that the defendant was a monthly tenant under the plaintiff in respect of premises no, 81/1, benoy Bose Road, hereinafter referred to as the suit premises, at a monthly rental of rs. 72. 50 paise according to the English calendar month. It is alleged that in contravention of the provisions of law and without the previous ponsent in writing of the plaintiff, the defendant has transferred assigned the suit premises or sublet the suit premises in whole.

(3.) THE case of the defendant- tenant, birendra Kumar Mitra. since deceased, was that he was a Karta of the joint Hindu family and used to reside in the suit premises from 1942 with his brother and widowed sister with her two minor sons and according to the appellant, still she is a member of the family and the assignment does not arise. It must be remembered that in 1962 Birendra Kumar Mitra constructed a two storied house at Gariahaat road and he shifted only with his own family consisting of his children to the said house. His brother also shifted to the said house but the widowed sister with her sons continued to reside in the suit premises. This is the admitted fact and there is no dispute on this matter.