MANGALIC ENTERPRISE Vs. SWAPAN KUMAR DAS

JUDGEMENT

(1.) This is the plaintiff's second appeal against the appellate decree. The plaintiff had filed an ejectment suit in the 3rd Court of learned Civil Judge(Junior Division) at Sealdah being Ejectment Suit no. 15 of 2014 seeking inter alia, the following reliefs:-

(2.) The plaint case of the said suit, in short is thus, the father of the defendants Jyotindra Nath Das was the original tenant of the suit property, on his death the said tenancy devolved upon his widow Laxmipriya Das who also died in December, 2012 and on her death the said tenancy was extinguished since the other heirs of the said original tenant are not coming within the definition of tenant under Sec. 2(g) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the 'said Act of 1997'). The defendants are therefore, possessing the suit property as trespassers. The plaintiff, through its learned advocate served notice dated January 21, 2013 asking the defendants to quit and vacate the suit property but they failed to comply with it, hence the suit.

(3.) The defendants to contest the said suit filed written statement wherein they stated, inter alia, that their father, the original tenant died on October 31, 1985, leaving behind his widow and the defendants i.e. his sons and daughter and after the death of their mother, the widow of the original tenant on December 19, 2012, the defendants are holding the tenancy on payment of regular rent.