HIRONMOYEE DEBI Vs. SOMENDRA CHANDRA NANDY

JUDGEMENT

(1.) This is an appeal under Clause 15 of the Letters Patent and is directed against the judgment and decree dated March 15, 1971, passed by our learned brother S. K. Dutta, J., thereby dismissing an appeal from appellate decree No. 218 of 1964 preferred by defendants Nos. 3 and 4 in a suit for eviction, The said defendants are the appellants now before us. The short point which arises for our consideration in this appeal is as to whether the said defendants who have been found to be in occupation of different parts of the suit premises as sub-tenants since before the West Bengal Premises Tenancy Act, 1956 but who had not given any notice of such sub-tenancy under Section 18 (2) of the said Act, would be entitled to protection against eviction,

(2.) The respondents Nos. 1 and 2 before us (hereinafter referred to us the plaintiffs) instituted Title Suit No. 251 of 1957 for eviction against their tenant, the respondent No. 3 before us (hereinafter referred to as the defendant No. 1) on two fold grounds of default and wrongful subletting. In this suit the present appellants defendants Nos. 3 and 4 (hereinafter referred to as the said defendants) were made parties as they claimed to be sub-tenants in respect of the suit premises though they had not given any notice of their sub-tenancy under Section 16 (2) of the said Act.

(3.) In the suit two sets of written statements were filed -- one on behalf of the defendant No. 1 and the other on behalf of the said defendants. The defence of the defendant No. 1 was struck off under the provision of Section 17 (3) of the said Act and the suit was contested by the said defendants, They claimed themselves to be sub-tenants -- the sub-tenancy in their favour being created by the erstwhile tenant since before 1956 with the consent and knowledge of the plaintiffs and, as such, they are entitled to protection against eviction.