G CARIAPPA Vs. LEILA SINHA ROY

JUDGEMENT

(1.) This is an appeal by the defendant from the decree of the learned Judge, IVth Bench of the City Civil Court, Calcutta in a suit for eviction of an ex-licencee and recovery of arrears of licence fees and electric charges and of mesne profits, which is answered by a claim of tenancy right in the suit property raised in the written statement of the defendant.

(2.) The facts are reasonably clear from the testimony of the plaintiff and the defendant who are the only witnesses and the letter (Ext. 1) written by the defendant and his companions to the plaintiff in September 1969 before entering into the suit property. The plaintiff and her husband Maj. General S. B. S. Roy lived in Flat No. 64 in the 5th Floor of Queen's Mansions at 12, Park Street, Calcutta of which her husband was a monthly tenant at a rent of Rs. 265/-per month under the Life Insurance Corporation of India. The said flat comprised three rooms, drawing room, bath room and kitchen. The plaintiff's husband died in 1969. Her son was then in London. At the request of her son the plaintiff decided to go to him for a short period. Gen. Cariappa and his brother K. M. Nangappa, were friends of plaintiff's husband. Mr. Nangappa told the plaintiff that as she was going to London she might permit his relative, the defendant and the defendant's two friends to stay In her flat as licencees during the period of her absence from Calcutta and that they would vacate after her return from London. The plaintiff agreed. Thereafter in September 1969 the defendant and his two friends wrote the following letter (Ext. 1) to the plaintiff :--

(3.) The learned Judge of the trial court has decreed the suit for eviction of the defendant holding that the defendant was a licencee in the suit property as the intention of the parties was to create a licence and not a lease. hE has awarded Rs. 2653/- as arrears of licence fees up to 19-6-76, Rs. 462/- as arrears of electric charges and mesne profits at Rs. 400/- per month from 20-6-1976 to the plaintiff.