RABINDRA NATH MUKHERJEE Vs. TARA SUNDARI PYNE

JUDGEMENT

(1.) This first appeal is directed against the judgment and decree dated 20th August, 1993 passed by the Learned Judge, City Civil Court, 10th Bench at Calcutta in title suit No.284 of 1984 at the instance of the plaintiff/appellant. The plaintiff filed a suit for declaration of his Thika Tenancy Right in the suit premises. He also prayed for a declaration that the decree passed in the Small Causes Court suit being SCC No.6138 of 1980 by the Learned 6th Judge Presidency Small Causes Court, Calcutta on 28th August, 1982 is not binding upon the plaintiff.

(2.) The plaintiff claimed that he and his brother namely, Sashi Bhusan Mukherjee, Proforma defendant No.6 were joint thika tenants in respect of the premises No.29/2, Jeliapara Lane, Calcutta-12 at a rental of Rs.50/- per month including Municipal tax for the land payable according to English calendar month under the defendants No.1 to 4 till the enforcement of the Thika Tenancy (Amendment) Act, 1981. He also claimed that he along with the defendant No. 6 are the joint owners of the structure standing in the said premises. In the plaint, he traced out his Thika Tenancy Right partly through his grand-mother and partly though the heirs of the other thika tenant viz; Gourimoni Dasi as her interest in the structure was purchased by his father Ram Chandra Mukherjee which ultimately devolved upon him and his brother upon the death of their father.

(3.) Let us now summarize the plaint case hereunder for proper appreciation of the dispute involved in the suit. It is contended by the plaintiff that his grand mother Raimony Debya and Gourimoni Dasi were the owners of the structure standing on the suit premises No. 29/2, Jeliapara Lane, Calcutta-12 and they were joint thika tenants in respect of the said premises, having their separate possession in the respective portions of the structure standing thereon under the then Zamindar namely, late Keshab Lal Auddy and Nilmony Auddy, the grand-father of the present defendants /landladies since the year 1903.