BHUSAN CHANDRA PAUL Vs. BENGAL COAL CO LTD

JUDGEMENT

(1.) The defendants in a suit for ejectment on the ground of forfeiture have come up on appeal against the judgment and decree passed by a Subordinate Judge at Asansol. The suit was by a lessor against the lessees for khas possession on ejectment of the latter from the leasehold property on the ground of forfeiture by the breach of an express condition in the lease providing that on breach thereof the lessor would be entitled to re-enter.

(2.) Messrs. Bengal Coal Company who are the respondents in this appeal gave a sub-lease in respect of a coal mining area in the year 1948 to appellants 1 to 4 who carried on business in the name of a partnership firm named "Gazadhar Coal Company", which is appellant No. 5 in this appeal. The indenture of lease provided that, "if any rent, royalty, or any other sum of money reserved and made payable or any part thereof shall be in arrear or unpaid for the space of six calendar months next after the day whereon the same ought to be paid . . . . . it shall be lawful for the lessors at any time thereafter to re-enter into and upon the said premises or any part thereof . . . . . . . It was alleged that the defendants-appellants defaulted in the payment of rents and royalties, etc., as stipulated in the indenture and thereby their lease became liable to forfeiture. The said lease was determined by service of notice in November 1952 and thereafter the present suit was instituted. The plaint also included a prayer for recovery of rents and royalties, etc. with interest thereon.

(3.) The defendants filed a joint written statement denying that any amount was due from them on account of arrears of rent or royalty, the same having been paid to the plaintiff in due course. The defendants also denied receipt of any notice determining the tenancy as alleged.