RENUKA DEBNATH Vs. NARAYAN CHANDRA MALLICK

JUDGEMENT

(1.) THE defendants are the appellants in this appeal, against the judgment and decree for recovery of khas possession of the suit premises no. 52-Patal Danga Street, P. S. Amherst Street, Calcutta-700 009 comprising of rooms on the two floors of the said premises as mentioned in detail in the schedule to the plaint.

(2.) THE plaint case in brief is as under:-The plaintiff/respondent-Narayan Chandra Mallick and his only brother Balai Chand Mallick since deceased granted lease of the aforesaid suit premises to the predecessor-in-interest of the defendants, namely, Jiban Krishna Debnath for a period of 21 years commencing from 2nd of July, 1963 and expiring on 1st of April, 1984. During the subsistence of the said lease Balai Chand Mallick died leaving behind his wife Smt. Bela Rani Mallick as his only heir. The said Bela Rani mallick filed Title Suit No. 610 of 1970 for partition of the aforesaid premises. Through the intervention of the well wishers the said suit was compromised. Bela Rani sold her share to the plaintiff upon acceptance of consideration. The plaintiff thus became the full and absolute owner of the said premises.

(3.) ALSO during the subsistence of the lease the lessee, Jiban Krishna debnath died leaving behind his widow, five sons and two daughters. On the death of lessee the two sons of the deceased lessee and his widow i. e. , defendant Nos. 1 to 3 by a letter informed the plaintiff that they along with their other brothers only are residing in the suit premises and as such became tenants under the plaintiff and they would be governed by the terms of the lease as entered into by and between the plaintiff and their father. By the said letter the defendants requested the plaintiff to issue the rent receipt in the name of their mother Smt. Renuka Debnath only. The said letter has been marked as Exhibit-11 in the said suit.