DEBASISH BATABYAL Vs. CHAITALI BATABYAL AND ORS.

JUDGEMENT

(1.) THE order impugned passed by the learned Additional District Judge, 3rd Court, Barrackpore, North 24 -Parganas on 8th December, 2014 in Title Appeal No. 29 of 2012 refusing the prayer of the petitioner to add him as party in the Title Appeal is under challenge in this revisional application.

(2.) MR . Roychowdhury, learned Senior Counsel appearing for the petitioner submits that the property in question was owned by Sri Gopinath Jew alias Shri Radha Krishna Jugalmurty. Smt. Krishna Rani Bhuiya as shebait representing deity instituted a suit against the opposite party Nos. 1 to 4 being the defendants in the suit with a prayer for a decree of ejectment and recovery of khas possession of the suit property. During pendency of the suit Krishna Rani Bhuiya executed a lease deed in favour of one Debkumar Khan.

(3.) MR . Roychowdhury submits the lessee was authorised and empowered to make construction in the said premises and can make addition and alteration and renovation as an when necessary and for that purpose he is authorised to submit building plan to the Municipality and obtain the building plan in the name of the lessee. The lessee was also authorised and empowered to make and grant and convey the said premises, to sub -lease to any person or persons. The lessee is authorised and empowered to let out the rooms of the said premises to the tenants and can induct tenant and can evict the present tenant by or through competent court of law. The lessee is also entitled to collect rents and to grant rent receipts. The lessee is also entitled and authorised and empowered to evict the unauthorised occupants. As per clause (j) without consent of the lessor, the lessee can create any sublease and assign and can part with his lease -hold estate or interest in the said premises created under this presents. The lessee is authorised and empowered to proceed with the execution case on behalf of the lessor which is pending in the court of the Civil Judge (Junior Division) at Sealdah.