PULIN BEHARI SHAW Vs. LILA DEY

JUDGEMENT

(1.) This Second Appeal is directed against an appellate decree of ejectment from a shoproom in the groundfloor of a certain building at Strand Bank Road. The defendant was a monthly tenant under the plaintiff in respect of the said shop room at a rental of Rs. 130/3/6 per month. The trial Court dismissed the suit but, on appeal, it has been decreed. Hence this Second Appeal by the unsuccessful defendant.

(2.) The property originally belonged to the plaintiff's brother Amulya Kanjan Dey, under whom the defendant occupied the suit premises as the tenant. The dispute between the parties, namely, the plaintiff and the defendant and between Amulya and) the defendant, started a long time back and there were various proceedings, but, for my present purpose, it is sufficient to refer to the following facts:

(3.) On 12-8-1949 Amulya sold the suit premises to the plaintiff. The defendant was then depositing rents with the Bent Controller in the name of Amulya because of disputes with him. On 18-3-1950 Amulya wrote to the defendant intimating the transfer and asking him to pay damages thereafter to the vendee, the present plaintiff. A letter of confirmation also followed from the plaintiff herself and it was duly received by the defendant. The latter, however, continued to deposit rent with the Rent Controller in Amulya's name.