KANTI CHANDRA BANERJEE Vs. PRANATI SARKAR

JUDGEMENT

(1.) This is an appeal under Clause 15 of the Letters Patent from the judgment of Mr. Justice Chatterjee dismissing a Second Appeal in a landlord and tenant action but awarding damages to the extent of Rs.250/- t the plaintiff-appellants before us.

(2.) The facts of the case may be stated briefly.

(3.) On the 7th February, 1955 the appellants instituted a suit being Title Suit No.84 of 1955 in this First Court of Munsif at Alipore against Sm. Avamoyee Sarkar since deceased, for ejectment from premises No.5B, Surja Kumar Chatterjee Street. The suit was subsequently transferred to the First Additional Munsif and renumbered as Title Suit No. \207 of 1955. The defendant died on the 25th September, 1955 during the pendency of the suit (Title Suit No.207 of 1955) leaving the present respondent, Sm. Pranati Sarkar, a minor daughter as her only heir. Thereafter, Sm. Pranati Sarkar was substituted as defendant and represented by her guardian uncle Nirendra Mohan Sarkar. The suit was dismissed on the 24th April, 1957 by the Munsif of the First Additional Court. The plaintiff appellants preferred an appeal being Title Appeal No.451 of 1957 in the Fourth Court of the Subordinate Judge at Alipore. The learned Subordinate Judge on the 28th January, 1958 allowed the appeal of the plaintiff's and set aside the judgment and decree of the learned Munsif. He allowed the defendant 90 days' time to quit and vacate the premises. He also allowed the plaintiff's damages at the rate of Rs.40/- per month from the 1st February, 1955 till the date of delivery of possession.