CONCEPT APARTMENTS PVT. LTD. Vs. KANAK BOSE

JUDGEMENT

(1.) The second appeal, at the behest of the plaintiff, was directed against a judgement of confirmation. A suit for ejectment on the ground of expiry of lease was dismissed by the Trial Court. The judgement of dismissal was upheld on appeal.

(2.) The Plaintiff No. 1 purchased the suit property. The original defendant was a lessee in the suit property at the time of purchase by the Plaintiff No. 1. A lease deed dated March 2, 1959 was executed by the original owner in favour of the original defendant. The lease was for a period of 21 years. During the subsistence of the lease the rent was increased from Rs.110 to Rs.150/- per month and thereafter from Rs.150/- to Rs.200/- per month. Subsequent the purchase, the Plaintiff No. 1 sold the suit property to the Plaintiff No. 2. The Plaintiff No. 2 subsequently amalgamated with the Plaintiff No. 3.

(3.) The original defendant filed written statement and took diverse defence. The principal defence of the original defendant which found favour with the Courts below was that, the initial tenancy existing in favour of the original defendant was not surrendered and, therefore, the lease deed dated March 2, 1959 was void ab initio.