LAWS(CAL)-1965-7-14

DUNLOP RUBBER COMPANY (INDIA) LTD Vs. R DUTTA

Decided On July 05, 1965
DUNLOP RUBBER COMPANY (INDIA) LTD Appellant
V/S
R DUTTA Respondents

JUDGEMENT

(1.) These two appeals arise out of two suits for ejectment and they are directed against the dismissal of those suits. The appeals are by the Plaintiffs and they raise questions, which are of some complexity and importance.

(2.) The circumstances, leading to these litigations, as stated in the respective plaints, were shortly as follows:

(3.) Premises No. 46B, Chowringhee Road, otherwise known as "King's Court" belonged originally to the Nawn Estates Limited. In or about the year 1953, on May 15 of that year to be exact, the Plaintiffs-Appellants, two limited companies, Dunlop Rubber Company (India) Ltd. and Guest Keen and Williams Ltd. purchased the said premises from the said owner, the Nawn Estate Ltd., for residential occupation of the members of their respective staff. At the time of the said purchase, the disputed flats, flats Nos. 9 and 8, were in the occupation respectively of the Respondents Rule Dutta (F.A. No. 489 of 1960) and B.M. Lall, since deceased, predecessor of the other Respondents on record, namely, J.M. Lall and others (F.A. No. 490 of 1960), as tenants or under claims of tenancies under the said previous owner and they were all accepted as tenants by the Appellants under and in accordance with English Calendar month at the respective rentals of Rs. 390-8 and Rs. 350. On or about June 1, 1953, the Appellants intimated to the said Respondents the fact of their above purchase with requests to them to vacate the respective flats in their occupation as the Appellants required them for the occupation of their staff, for which purpose the said purchase had been made by them.