MERLYN ARMSTEAD Vs. SUKHLAL CHANDAMULL (P) LTD.

JUDGEMENT

(1.) The appellant claims herself to be the real tenant of the premises in question.

(2.) It is claimed that one Mr. L.D. Armstead, since deceased, was a tenant in respect of the suit premises and she used to run a school under the name and style of 'Harrow Hall' as a sole owner on payment of monthly rent under the Karnani Properties Private Limited.

(3.) The appellant's case in short was that Mrs. L.D. Armstead wrote a letter on 19/11/1974 to M/s. Karnani Properties Limited bringing to the attention that somebody closed the gate of Karnani Mansion and causing inconvenience to the school students. Subsequently, Mrs. L.D. Armstead incorporated a registered society under the name and style of 'Harrow Hall' which was registered on 13/5/1987 having Registration No.S/55161 of 1987-88 under the West Bengal Societies Registration Act. Although the said society became a separate entity but Mrs. L.D. Armstead continued to be a tenant in her individual capacity in respect of the suit property. Even though she was not a member of the society, yet her relationship with the society was that of an agent. Mrs. L.D. Armstead died on 21/1/1995.