SUMITRA SINGH Vs. NAHAR SINGH

JUDGEMENT

(1.) This appeal by the plaintiff is from a judgment and decree of reversal passed by the learned Additional District Judge, Alipore, 24 Parga-nas and it arises out of a suit for ejectment of a tenant governed by the West Bengal Premises Tenancy Act, 1956.

(2.) The plaintiff's case was that the defendant was a monthly tenant in the suit premises comprising shop rooms Nos. 7, 8 and 9 and a garage in municipal premises No. 16A Ashutosh Mukher-jee Road, P. S. Bhowanipur, Calcutta at a rent of Rs. 100/- per month payable according to the English Calendar month and that the defendant without the consent in writing of the plaintiff, sublet, and/or assigned a portion of the suit premises in or about March, 1972 to one Messrs. Bengal Automobile Industries (India) and to a person whose name was unknown to the plaintiff and who was running a book-stall. It was alleged that the tenancy of the defendant was terminated by a notice of ejectment which was a combined notice to quit and of suit under Section 13 (6) of the said Act and the defendant was asked to vacate the suit premises on the expiry of Nov. 1972.

(3.) The defendant contested the suit denying the allegations of the plaintiff that he in anyway sublet, transferred or assigned any portion of the suit premises. He alleged that the name Messrs. Bengal Automobile Industries (India) Limited was a fictitious one, that the defendant's son Sarwan Singh and grandson Bal-rinder Singh assist the defendant to carry his business under the name and style of 'Motor Hood Fitting Company' in the suit premises, that Sarwan Singh was running a hardware shop in room No. 8 for over 15 years and Balbindar Singh was running a book shop in room No. 9 for over 2 years to the knowledge of the plaintiff and that the defendant, his son and grandson all belong to the same family.