DEBIBRATA CHATTOPADHYAY Vs. JHARNA GHOSH

JUDGEMENT

(1.) The present application has been filed under Article 227 of the Constitution of India assailing the order dated 15th July, 2013 passed by learned Civil Judge (Senior Division) 2nd Court, Alipore, South 24 Parganas in Title Suit No. 23051 of 2012 whereby and whereunder learned Civil Judge (Senior Division) rejected the petition under Section 151 of the Code of Civil Procedure of the present petitioner/plaintiff on contest but without costs.

(2.) Going through the records and upon hearing learned Advocates for the parties, I find that the said petition under Section 151 of the Code of Civil Procedure was filed by the plaintiff in the said suit praying for a direction upon the opposite parties/defendants to pay occupation charges for enjoying the suit property, which the latter were possessing even after termination of their tenancy by way of a notice to quit duly received by them.

(3.) Mr. Anirban Ray, the learned Advocate for petitioner submits that his parents were the joint owners of the suit property which they licensed out to the predecessors-in-interest/parents of the present opposite parties/defendants at a monthly rental of Rs. 14,000/- for a period of 11 (Eleven) months from December, 2003 to 9th November, 2004. The predecessors-in-interest of the opposite parties/defendants having died on 21st October, 2004 the latter were accepted as tenants by the parents of the petitioner and in spite of service of notice to quit dated 26th February, 2007 they did not vacate, whereupon a suit for eviction and recovery of khas possession along with arrears of rent and mesne profits was filed by the parents of the petitioner. However, mother of the petitioner having died, the suit stood abated. Subsequently, the father of the petitioner gifted his share in the suit premises to the petitioner who became absolute owner thereof. The petitioner issued the letter of attornment to the opposite parties/defendants who lastly paid rents in the month of April, 2006. Subsequently, notice to quit was served upon the opposite parties/defendants whereinafter the petitioner filed the present suit for eviction, khas possession, recovery of arrear rent and mesne profits.