MARTIN HARRIS PVT LTD Vs. ELGIN PROPERTIES

JUDGEMENT

(1.) M/s. Martin Harris (Pvt.) Ltd., the defendant-appellant, had been a lessee in respect of premises No. 1B, Asutosh Mookerjee Road under successive lease? periodically granted by the Official Trustee, West Bengal as Trustee of the Estate of D. A. David for the Davidean Girls' School. Lastly, on 13th of July, 1968 the Official Trustee, West Bengal had granted to the defendant-appellant lease of the said premises with retrospective effect from 1st of January, 1965 up to the 31st of Dec., 1968. The said lease in favour of the defendant-appellant was not renewed for any further period. On 21st April 1969 the defendant-appellant wrote to the Official Trustee of West Bengal the following letter :

(2.) The defendant-appellant in para. (9) of their written statement pleaded that on the expiry of the aforesaid lease there was holding , over of Ihe tenancy in respect of the entire premises No. 1B, Asutosh Mookerjee Road on and from 1st of Jan., 1969 as a tenant from month to month. The defendant further averred in the said paragraph that since it had decided to deliver vacant possession of the major portion of the said tenancy, it did so on 30th of April 1969 and kept in its possession two rooms in the said premises. According to the defendant, as such its tenancy continued under the Official Trustee of West Bengal in respect of the said two rooms.

(3.) On 20th Sept., 1974 the Official Trustee, West Bengal by a registered deed granted a lease in favour of M/s. Elgin Properties, the plaintiff-respondent of the entire premises No. 18, Asu-tosh Mookerjee Road for a term of 21 years with retrospective effect from 1st of May, 1969. The plaintiff respondent had demanded from the defendant appellant payment of occupation charges in respect of the two ground floor rooms in premises No. 1B, Asutosh Mookerjee Road in possession of the defendant. The defendant by a letter had denied its liability. Thereafter, the plaintiff by a registered letter dated 17th July, 1975 had purported to terminate the alleged licence in favour of the defendant appellant for occupying the said two rooms and thereafter on 7th of April, 1976 instituted a suit against the defendant in the 4th Court of the Subordinate Judge, Alipore for recovery of vacant possession by evicting the defendants from the said two rooms described in the Schedule B of the plaint, for recovery of Rs. 72,542/- as occupation charges and also for recovery of further sums on account of mesne profits tentatively valued at Rs. 100/- up to the actual date of recovery of possession of the suit rooms. The defendant had contested the said suit, inter alia, denying that the defendant was a mere licensee in respect of the said two suit rooms and it claimed to be still a tenant under the Official Trustee, West Bengal in respect of the suit premises. The defendant also had denied its liability to pay occupation charges or mesne profits to the plaintiff.