RAJAT BOSE Vs. YOGO INTRACO PVT LTD

JUDGEMENT

(1.) The short point in this appeal is whether or not the provisions of S.13 of the West Bengal Premises Tenancy Act, 1956 applied to the tenancy held by the defendant appellant under the plaintiff respondent in respect of two rooms in the north-eastern portion of the first floor of Premises No. 24B, Theatre Road, Calcutta.

(2.) On Aug. 4, 1962, the plaintiff respondent had obtained from the then owner, Anil Kumar Mitra, a lease for 21 years from 1st Sept. 1962 in respect of the northern portion of the first floor of the said 24B, Theatre Road. On 1st Nov. 1976 the plaintiff had inducted the defendant as a monthly tenant under him in respect of the disputed two room flat in north eastern portion of the said first floor covered by the aforesaid demise in plaintiffs favour dated the 4th Aug. 1962. According to the plaintiff, initially the said lease in favour of the defendant was for a term of 11 months which was extended from time to time and the last of such extensions had expired on June 30, 1978. The defendant having refused to vacate in spite of a notice dated 20th Mar. 1978 served upon him, the plaintiff had instituted the instant suit for recovery of khas possession by evicting the defendant and for recovery of damages.

(3.) The defendant contested the said suit by claiming inter alia that he was a monthly tenant and the provisions of the West Bengal Premises Tenancy Act 1956 applied and, therefore, except on any one of the grounds specified in S.13(1) of the West Bengal Premises Tenancy Act, 1956 the plaintiff was not entitled to recover from the defendant possession of the disputed flat.