SANJIB KUMAR MUKHERJEE Vs. NATHUMAL RAMPURIA

JUDGEMENT

(1.) These appeals make a group of together six appeals* involving more or less the same questions. They were referred to a Special Division Bench under Rule 1, sub-rule (ii) of Chap. II of the Appellate Side Rules by a Bench constituting the late D. N. Sinha, C.J. and myself on June 19, 1968. The reference was made on the ground that they raise one or two common questions of law which are of great public importance. The Hon'ble Chief Justice, thereafter, constituted the present Special Bench to dispose of these appeals. Since we have to dispose of the entire appeals we shall have to deal with them separately resolving the questions of law as they arise. This is what we propose to do as hereunder: APPEAL NO. 550 OF 1662. The original defendant, Satish Chandra Mukherjee was a tenant under the plaintiffs in respect of a shop-room on the ground floor of premises No.8A, Lal Bazar Street, Calcutta, at a monthly rental of Rs.30.94 payable according to the English calendar month. The entire premises at 8A, Lal Bazar Street, Calcutta, was transfer to the plaintiffs, by Smt. Sushila Debi Rampuria and Sri Joychand Lal Rampuria who were the liquidators of Rampuria Properties Ltd., by a registered deed of conveyance dated July 13, 1958. Prior to this transfer the tenant, namely, Satish Chandra Mukherjee, had defaulted in payment of rents since September, 1957. He, however, deposited the rents for September, 1957 to April, 1958 on May 29, 1958. After the transfer, the plaintiffs as the new landlords served through their lawyers a notice of ejectment dated September 13, 1958, on the said tenant-defendant. By the said notice the plaintiffs determined the defendant's tenancy and called upon him to quit and vacate the aforesaid shop-room No. 5 on the expiry of the last day of October, 1958. The defendant having failed or neglected to do so the plaintiffs filed a suit against the said defendant-tenant for eviction. In the plaint, it is claimed that the said defendant would not be entitled to any protection from eviction under the provisions of the West Bengal Premises Tenancy Act of 1956 (hereinafter referred to as the said Act) by reason of the fact that eh tenant had defaulted in the payment of rent to his previous landlords as well as to the plaintiffs who were the successor-in-interest of those landlords 'since September 1957 and also for four months within a period of 12 months'. Before the suit had been filed on January 2, 1958, the tenant had deposited rents for August, September and October 1958 on December 1, 1958. The defendant contested the suit and filed a written statement. Sometime latter the original defendant having died his heirs, namely, Sri Sanjib Mukherjee, Sri Ranjit Mukherjee, Sri Manindra Nath Mukherjee, Sri Samita Mukherje and Mrs. Satish Chadnra Mukherjee were substituted as the defendants in lieu and place of the original defendant. I shall hereinafter refer to the substituted defendants merely as the defendants. The defendants Manindra Nath Mukherjee and Samita Mukherjee filed a written statement on November 12, 1960, and an additional written statement on March 24, 1961.

(2.) Certain issues and additional issues were framed for determination at the time of the trial upon the pleadings of the parties. They are as follows:

(3.) Onthese findings the learned trial Judge decreed the suit against the defendants and ordered that the plaintiffs would get khas possession of the suit premises by removing the defendants therefrom.