GITA DEVI SHAH Vs. CHANDRA MONI KARNANI

JUDGEMENT

(1.) These two appeals are arising out of the judgment and order dated 31/03/1987, passed by the learned Assistant District Judge, 2nd Court, Alipore in Title Suit No. 247 of 1981 and Title Suit No. 154 of 1983, which were heard analogously.

(2.) Smt. Gita Devi Shah and others, being the plaintiffs in Title Suit No. 247 of 1981, purchased the suit premises being 1/1 Rowland Road, Calcutta-20, from the defendant No. 2 in three equal and undivided 1/3 shares under registered deeds of Kobala dated 26/07/1978. After the said purchase of the suit premises, a letter was issued by the Advocate on behalf of the plaintiffs to the defendant No. 1, Smt. Chandra Moni Karnani, informing about the transfer of the suit premises. The said letter has been marked as Exhibit No. 2 in the suit. On the same day, a letter of attornment was also issued by the defendant No. 2 to defendant No. 1. It is claimed by the plaintiffs of Title Suit No. 247 of 1981 that the defendant No. 1 was tenant originally under defendant No. 2 and now under the plaintiffs in respect of five rooms on the ground floor, five rooms in the first floor with a servant quarters, garage and kitchen.

(3.) Thereafter, on the completion of three years, as required under provisions of S. 13(3A) of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the said Act of 1956), the plaintiffs in Suit No. 247 of 1981, instituted the suit for ejectment against the defendant No. 1, inter alia, on the ground of default, violation of clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act and for reasonable requirement and also for sub-letting.