PRANAB KUMAR BISWAS Vs. AJIT KUMAR SEN LETTERS

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is at the instance of the lessee Defendant and it arises out of a suit for ejectment on the ground of forfeiture of the lease on breach of a covenant not to sub-let and part with possession of the premises entailing in case of default forfeiture of the lease.

(2.) It is not in dispute that the lessee Appellant was holding, a suite being suite No. 3 of premises No. 29 Syed Amir Ali Avenue on a lease for twenty one years under the Plaintiff No. 1 Respondent at a monthly rent of Rs. 105. The relevant covenant not to sublet or part with possession is in para. 11(d) which reads as follows:

(3.) By a notice dated May 13, 1963, the lessor-Respondent determined the lease and intimated his intention to re-enter the premises on the ground that the lessee-Appellant had committed breach of the aforesaid covenant by sub-letting a part of the demised premises to one Raj Mohan Ghosh since February 1963 and as such the lease was forfeited. On the said allegation the lessor-Respondent instituted the suit out of which the present appeal arises.