SATYANARAYAN SAW MILL Vs. SATYANARAYAN BAGLA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the learned Additional District Judge, 1st Court, Howrah in Title Appeal No. 24 of 1991 dated 27.2.82 reversing those of the learned Munsif, 5th Court, Howrah in T.S. No. 102 of 1979.

(2.) The respondent instituted the said suit for ejectment of the appellant from the suit land, for arrears of rent and mesne profits upon determination of the tenancy by service of notice. The plaintiff-deities are the owners of the land comprised at premises No. 152/2, J. N. Mukherjee Road, Salkia, Howrah having an area of 11 cottahs and 11 chittaks. The plaintiff's case was that the defendant firm was a monthly tenant in respect of about 8 cottahs of the said land at a rental of Rs. 180/- per month payable according to English calendar months. The defendant and/or his predecessor had constructed pucca buildings of brick, cement and mortar on brick built walls and pillars including a three storeyed building in 1973 and C.I. sheds on pucca walls. The tenancy was governed by the Transfer of Property Act. The tenancy was determined by service of notice but the defendant did not comply with the notice. Hence the suit.

(3.) The defends case is that the defendant is a Thika tenant and the tenancy is governed by the Calcutta Thika Tenancy Act and not by the Transfer of Property Act.