TARAPADA DAS Vs. SATINDRA NATH NANDY

JUDGEMENT

(1.) This appeal is at the instance of the Defendant and it arises out of a suit for declaration, eviction of the Defendant, recovery of mesne profits, in the alternative, for arrears of rent.

(2.) The facts which are involved in this case are more or less admitted and they may be stated as follows:

(3.) In the instant suit, which has been filed by the Plaintiff, his case is that the registered lease dated February 10, 1954, executed by Kasiswar in favour of the Defendant is void; that the said monthly tenancy created by Baruneswar and Kasiswar has been existing; and that he is entitled to realise arrears of rents from the Defendant at the rate of Rs. 270 per month with effect from October 1960. Alternatively, it is his case that if the said registered lease is found to be valid and binding upon the Plaintiff, then by virtue of the allotment of the entire 16 annas share in the said Pradip Talkies to Kasiswar, he became entitled to payment of the sum of Rs. 135 which was payable by the Defendant to the heirs of Baruneswar in respect of their half share in the said Pradip Talkies besides the stipulated sum of Rs. 208 per month to which Kasiswar was entitled. Accordingly, as an alternative case he has prayed for recovery of the arrears of rent at the rate of Rs. 343 per month with effect from October 1960 to October 1962. It has been alleged by him that he has terminated the lease of the Defendant by the service of a notice to quit and he has claimed eviction of the Defendant from the suit premises on the ground that he is a defaulter in payment of rent. He has also claimed mesne profits at the rate of Rs. 270 per month with effect from September 1962 till recovery of khas possession.