SAROJ KUMAR DE Vs. RADHARANI SAHA

JUDGEMENT

(1.) SINCE Falgoon, 1339 B. S. Chandicharan saha (since deceased), the original defendant respondent, had been a monthly tenant of Premises No. 6/1, Akrur dutta Lane. The respondents exhibited a letter dated 8th of May 1933 written by the then Commissioner of Presidency Division granting sanction of the settlement of the said premises which then belonged to Janbazar Wards Estate No. 2 with said Chandicharan Saha at a monthly rent of Rs. 280/-per month with effect from Falgoon, 1339 B. S. Rent of the said premises was later on raised and the said tenant had been paying to the then landlords, Sm. Umarani Das and others, at the rate of Rs. 385/- per month according to bengali Calendar and rs. 352. 14 P. quarterly on account of owner's and occupier's share of the. municipal rates of the said premises

(2.) ON 1st September, 1971 corresponding to 15th of Bhadra, 1378 B. S. the plaintiff-appellants by a registered deed of Convenances had purchased the premises No. 6/1, Akrur Dutta Lane from the said Sm. Umarani Das and others. It has also transpired in evidence that on 10th December. 1971 the defendant. Chandicharan Saha, had paid to the plaintiff appellants rents for the months of September, October and November. 1971. The plaintiff appellants through, their learned advocate by a letter dated January 25, 1972 had called upon the defendant to quit and vacate the suit premises by the end of february, 1972. The plaintiff had also informed the defendants that in default thereof they would institute necessary proceedings in court for his ejectment from the suit premises.

(3.) ON 29th March, 1972 the plaintiff appellants instituted the ejectment suit in question in the City Civil Court at Calcutta for evicting the defendant, chandicharan Saha, and for recovery of mesne profits from March, 1, 1972. The plaintiff's case was that the defendant was a monthly tenant in respect of the said premises according to English calendar by attornment in favour of the plaintiffs on the very date of their purchase of the premises, i. e. September 1, 1971. The plaintiffs alleged that the defendant had sublet the said premises to one M/s. Hindusthan Musical Products and Varieties Syndicate Ltd. , without any notice or consent of the, landlords in writing. Plaintiffs further averred that the defendant and/or the said company had further sublet to one M/s. Tropical Cooling and Engineering Co. a portion of the said premises at a rent of rs. 115/- per month and payment of electric charges at Rs. 10/- pre month and another portion of the premises at a rent of Rs. 125/- per month with effect from March 1, 1970 without any notice to or consent of the landlords in writing. The plaintiffs further everred in paragraph (5) of their plain that they had given a notice to the defendant to vacate by the 2nd of February, 1972 which expired at by the end of the month of the said tenancy.