AMITAVA DUTTA Vs. UPENDRA BAITHA

JUDGEMENT

(1.) The petitioner/plaintiff is the owner of the suit property and the predecessor of the defendant was a monthly tenant under the plaintiff in respect of a garage at a monthly rental ofRs45/. The father of the plaintiff was the owner in respect of the suit property and he died intestate on30-06-1977. At the time of death he left behind his wife one daughter and the plaintiff being his son. All of them got 1/3rd undivided share in the suit property. The plaintiffs mother during her lifetime executed a Will wherein she bequeathed her entire movable and immovable properties in favour of the plaintiff. The plaintiff obtained probate of the said Will and became owner of two third share of the property. The mother of the plaintiff during her lifetime inducted a tenant in the said property, namely Adalat Baitha and after death of the mother of the plaintiff the plaintiff became landlord in respect of Adalat Baitha. Adalat Baitha died on10/4/2009 and according to sec. 2 (g) of the West Bengal premises tenancy Acts 1997 the right of tenancy of the three sons of said Adalat Baitha was for a period of five years from the death of the original tenant and the right of tenancy ceased beyond that point. The plaintiff also reasonably requires the suit property and the defendant was a ha bitual defaulters of rent.

(2.) The plaintiff sent the defendant notice under sec. 6 of the West Bengal Premises Tenancy Act 1997 but the defendant refused to quit, vacate and deliver Khas possession of the suit property. Hence this suit.

(3.) The defendant contested the suit by filing written statement denying all the allegations therein and prayed for dismissal of the same. The specific case of the defendant is that after the death of said Adalat Baitha the wife and three sons of Adalat Baitha inherited the tenancy right and therefore at present they are the tenants in respect of the suit property at the moment. Further the defendant was not a habitual defaulter and that the plaintiff did not reasonably require the suit property.