RATAN KUMARI SURANA Vs. VIJAY KUMAR RAIJADA

JUDGEMENT

(1.) In 1956 premises No. 3 Mangoe Lane Kolkata was being owned and possessed by one Tilack Chand Surana. After his demise, the property was devolved upon his heirs being Hansraj Surana, Himatmull Surana and Chand Kumari and Abhoy Singh Surana (Chand Kumari and Abhoy being the legal heirs of pre-deceased son Bachraj). The Respondent Vijay Kumar Raijada was known to the family. His father was working in the said family. Due to close relationship the family inducted Vijay Kumar Raijada as a tenant in respect of one tin shed go-down in the southern back portion of the said premises by Abhoy Singh Surana. Abhoy was entrusted to manage and look after the entire estate. The monthly rental was fixed at rupees two hundred forty one.

(2.) On November 1, 1974 Vijay was inducted as a tenant in respect of one godown at the southern back portion at a monthly rent of rupees forty-seven only.

(3.) In 1978, the owners entered into a Deed of Partition by which they got the property partitioned by mutual consent of each other. Chand Kumari became the exclusive owner of the back portion of the said premises that was re-numbered as 3/1 Baretto Lane, the front portion was re-numbered as 3A Mangoe Lane. The partition deed was executed on May 11, 1978.