MONMOTHA NATH GHOSH Vs. SYED CHAND ALI

JUDGEMENT

(1.) - The defendant no.1 is the appellant in this appeal preferred against the judgment and decree passed by the learned Judge, Sixth Bench, City Civil Court, in Title Suit No. 524 of 1960.

(2.) One Munshi Syed Hafijuddin was a tenant in respect of two properties at premises no. 157-B, Dharmatala Street, Calcutta, under one Bhupendra Krishna Ghosh from about 1926. There were three sheds, being sheds nos.6, 7 and 8 on one of these plots, whose rent was Rs. 160/- per month. There were three other sheds, being sheds nos.9, 10 and 11 in the other plot, measuring about 6 cottahs 9 chittaks, whose rental was Rs. 102/- per month. The defendants Nos.1, 2, 3 and 4 (the Appellant and the Respondents Nos.4, 5 and 6) are the heirs of Bhupendra Krishna Ghosh. Hafijuddin died on 2.10.47, leaving his wife, Nazirannessa Bibi, one son, Munshi Syed Basiruddin and daughter, Nekjanessa Bibi. Nazirannessa Bibi died in 1949.The landlords, being the appellants and respondents nos. 4, 5 and 6, filed two ejectment sutis, being Ejectment Suits Nos.1189 of 1958 and 1190 of 1958, against Basiruddin and Nekjanessa for their eviction from the aforesaid two premises at 157-B, Dharmatalla Street on the ground of default in payment of rent on alleging that they were monthly tenants of the two premises at 157-B, Dharmatala Street under them. Both these Ejectment Suits ended in decrees in 1959. There were two appeals, being F. A. 30 of 1960 and 31 of 1960 in this Court against the judgment and decree passed in the two Ejectment Suits.

(3.) During the pendency of the aforesaid two appeals in this Court, Syed Chand Ali, claiming to be another son of the original tenant Hafijiddin, filed Title Suit being No, 524 of 1960 in the City Civil Court, Calcutta, for declaration that he had undivided 7/20th share in these two properties at 157-B, Dharmatalla Street and a further declaration that the two decrees passed in the two Ejectment Suits Nos. 1189 and 1190 of 1958 were void in law and not binding on him. There was a prayer in the suit for passing a decree of permanent injunction for restraining the defendant 1 to 4 (the appellant and the respondent nos. 4, 5 and 6) from executing the two ejectment decrees. The case of the plaintiff-respondent no.1 was that Syed Hafijiddinhad two wives, Nazirannessa and Rahiman Bibi and that he was the son of Hafijiddin by Rahiman Bibi, who died in 1945. It was alleged that as Hafijiddin was governed by Sunni School of Mohamedan Law, his share in the two suit-properties was to the extent of 7/20. It was alleged that Hafijiddin was a thika tenant in respect of the two plots, one of the plots measuring 10 cottahs 6 chittaks at a rental of Rs. 160/- per month and the other plot measuring 6 Cottahs 9 chittaks at a rental of Rs. 120/- per month and that his father constructed the structures over these two plots, which were vacant at the time of being leased out by Bhupendra Krishna Ghosh to his father. It was further alleged that the respondents nos. 2 and 3, Basiruddin and Nekjannessa, caused the defendants nos. 1 to 4 to file the two Ejectment Suits against them for depriving him from his legitimate share in the two suit properties. As he was not made a party in the two Ejectment Suits, the respondent no.1 prayed for a declaration of his 7/20 share in the two suit-properties and for permanent injunction on declaration that the two Ejectment decrees were not binding on him.