ASHALATA DEY Vs. ZAMILA KHATTOON

JUDGEMENT

(1.) IN this appeal we are concerned with, more or less, 4 (four) katha of land situate at and being the western portion of premises No. 82/1 Cornawallis Street, Calcutta -4.

(2.) THE original owner of the property -in -suit executed a registered deed of lease dated July 7, 1941, corresponding to 23rd Ashar, 1348 B.S. By the said deed of lease the said original owner inducted one Sk. Sahamat Ali as the lessee of the suit property for the period of 10 (ten) years, that is, for the period between Ashar 1348 B.S and 1357 B.S. The lease rent was fixed at L82 (Rupees eighty - two) only with the liability to pay the Municipal rates and taxes, the enhanced municipal rates and taxes would be the liability of the lessee, which was to be paid along with the rent. In the said deed of lease it was, inter alia, provided that the lessee would not construct pucca or casting structure nor would be entitled to surrender the land in favour of anybody.

(3.) THE owners claimed that before the expiry of the lease, the said Sk. Sahamat Ali abandoned the property in 1946 without notice to the landlord and left the holding with the members of his family without arranging for the payment of rent. The whereabouts of the lessee or his family members could not be found.