SATYABRATA BANERJEE Vs. USHAPROBHA SARKAR

JUDGEMENT

(1.) THIS appeal under the Letters Patent has been preferred by the defendants 1 and 2 against a decree for ejectment passed against them as also against other defendant-respondents 5 to 10 by Sri S. K. Sen, learned judge, 9th Bench, City Civil Court at calcutta in ejectment suit No. 2269 of 1963 affirmed by Mr. Justice A. K. Sinha in First Appeal No. 197 of 1967.

(2.) THE brief fact out of which this appeal arises may be stated like this:.-Premises No. 32/13a, Beadon Street was held by Dr. Panchanan Chatterjee as a monthly tenant at a rental of rs. 250/- under the landlord respondents 1 to 4. Dr. Chatterjee died on the 23rd of May, 1963 leaving respondent nos. 5 to 9, his daughters, his only heirs; during his life time he executed a will appointing the appellants and one Samir Mukherjee respondent No. 10 as the executors to that will.

(3.) THE plaintiffs brought the ejectment suit No. 2269 of 1963 in the City civil Court at Calcutta for ejecting the heirs And the executors to the will of dr. Panchanan Chatterjee, mainly on the grounds that they were defaulters; that the premises in question was used for the purpose other than the purpose for which the said tenancy was taken; but the main ground on which the eviction of the tenant defendants is prayed for is that Dr. Panchanan Chatterjee transferred the said tenancy without the consent in writing of the landlords. Prior to the institution of the suit a notice of ejectment and of a threat to sue was served upon the executors to the will and also upon the daughters of Dr. Panchanan Chatterjee, the original tenant. The trial court negatived the first two contentions that the tenants were the defaulters and that the said tenancy was used for the purpose other than the purpose for which it was taken settlement of but held that the said tenancy was transferred to one Dr. Baren Chatterjee, nephew of dr. Panchanan Chatterjee by means of a will which, according to the learned Judge, was a transfer as contemplated under section 13 (1) (a) of the west Bengal Premises Tenancy Act (hereinafter referred to as the Act ). The trial court on that basis decreed the suit. The executors to the will of dr. Panchanan Chatterjee preferred the first appeal in this court which was heard by Sinha, J. The judgment and decree of the trial court was upheld by mr. Justice Sinha. Against the said decision this appeal under the provisions of letters patent has been preferred.