CHANDRA MOHAN SUR Vs. MOHIT LAL SEAL

JUDGEMENT

(1.) This appeal is directed against the judgement and decree dated 3.5.1990 passed by Sri S.C. Dutta, City Civil Court (13th Bench) Calcutta in Title Suit No. 1779 of 1981 whereby and whereunder he was pleased to hold that the suit was not maintainable and accordingly dismissed the same.

(2.) The plaintiffs, who are the appellants herein filed the suit for declaration and for recovery of possession. Their case, as built up before the Court below as well as before this Court was that one R.N. Sur and one N.C. Biswas were tenants under one Manoharlal Seal in respect of room No. 22 on the ground floor of premises No. 167 situated on Lenin Sarani (formerly known as Dharmatala Street) Calcutta, on a rental @ Rs. 22/- per month plus Corporation surchages @ Rs. 21- per month.

(3.) R. N. Sur and N.C. Biswas carried on business of tailoring, bedding and general order supplying in partnership between themselves under the name and style of "R. N. Sur & N. C. Biswas." It was stated that rent receipts stood in the name of the partnership firm and that the premises was used and occupied as a godown of the said partnership business and other shops situated on premises No. 167/7 and bearing Nos. 53 and 54 and which were adjacent to room No. 22, were used as offices and display counters for the business.