THAKURUDDIN RAMJASH A FIRM Vs. SOURENDRA NATH MUKHERJEE

JUDGEMENT

(1.) The plaintiff has alleged that on the basis of a deed of lease executed by the defendant and also by the plaintiff and his brother, Rabindra Nath Mukherjee, as well on the 7th Sept., 1949, the disputed land was leased out to the defendant for 15 years expiring with the 31st Dec., 1964. The condition was that after the expiry of the period of the lease, the defendant would deliver vacant possession of the suit land after removing the structures standing on the land at his own cost, failing which the structures would belong to the lessors. Then on the 16th Aug., 1962, a partition was effected between the plaintiff and his brother, Rabindra Nath Mukherjee, and the disputed property was exclusively allotted to his share. Though the defendant's tenancy was determined by efflux of time on the expiry of 31st Dec., 1964, he did not vacate the property. Though he was not entitled to any notice, still a notice to quit was served on the defendant, The defendant did not vacate. Hence this suit for recovery of khas possession.

(2.) The defendant has filed a written statement alleging, inter alia, that the suit is not maintainable in law. He is a 'thika' tenant regarding the disputed property because the structures on the property had been constructed by him. There was a holding over of the tenancy with effect from the 1st Jan., 1965.

(3.) The learned Judge of the City Civil Court accepted the plaintiff's version, decreed the suit and directed the defendant to remove the structures. Hence this appeal by the defendant.