GAUTAM DEY Vs. JYOTSNA CHATTERJEE

JUDGEMENT

(1.) These two revisional applications arise out of one set of facts and hence I propose to dispose of the same by this common order. One Sunil Mukherjee (hereafter Sunil) was inducted as a tenant by one Debabrata Chatterjee (hereafter Debabrata) in a part of premises No. 9B, Ramesh Mitra Road P.S. Bhowanipore, Kolkata-700 025 (hereafter the said premises). The tenancy comprised of one room on the ground floor and a room in the mezzanine floor, besides a bath cum privy (hereafter the suit property).

(2.) On the death of Debabrata, his widow Jyotsna Chatterjee (hereafter Jyotsna) and his son Subhas Chatterjee (hereafter Subhas) became joint owners of the said premises. Sunil continued as a tenant under Jyotsna and Subhas till his death on May 4, 1997. He died intestate leaving behind him his daughter Subhra Dey (nee Mukherjee) (hereafter Subhra) as his sole heir. After such death, Subhra continued as tenant in respect of the suit property.

(3.) Subhra passed away on March 20, 2011 leaving behind her Gautam Dey (hereafter Gautam), her husband, as her sole heir.