CHIRANJIB MITRA Vs. KEYA ROY.

JUDGEMENT

(1.) This is a second appeal by the plaintiffs-landlords against the appellate decree dismissing the plaintiffs' ejectment suit. The plaintiffs filed the said suit being Ejectment Suit No. 24 of 2008 before the learned Judge, 4th Bench, Presidency Small Causes Court of Calcutta for eviction of the defendants, the respondents herein, on the grounds that the plaintiffs require the suit property for their own use and occupation and for the use and occupation of the members of their family, the defendants have sublet the suit property without obtaining prior written permission from the plaintiffs and they are also defaulter in payment of rent since September, 2005.

(2.) The suit was contested by the defendant no. 1 only. The said defendant in her written statement apart from denying the plaint case, took a specific defence that Ajay Narayan Roy (hereinafter referred to as 'Ajay'), was the original tenant and he used to stay in the suit property along with his four brothers, since deceased in joint mess. The said Ajay died on October 31, 1983 and after his death, the rent receipts were issued in favour of his brother, Ranjit Narayan Roy(hereinafter referred to as 'Ranjit') as the head of the family, who happened to be the husband of the said defendant.

(3.) The learned Trial Judge by his judgment and decree dated June 15, 2015 overruled the aforesaid objection holding that non-service of notice of eviction upon the heirs of Ajay did not affect the maintainability of the said suit since the said heirs by allowing Ranjit to pay rent to the landlords and to get the rent receipts issued in his name, had surrendered the tenancy which devolved upon them on the death of Ajay. The learned Trial Judge decreed the suit on two-fold grounds i.e. the plaintiffs require the suit property for their own use and the defendant no.1 has sublet a portion of the suit property in favour of two sons of Ajay on receipt of rent.