SHILA ROY CHOUDHURY Vs. NIMAI CHARAN RAKSHIT

JUDGEMENT

(1.) This appea' is arising out of a suit, inter alia, for recovery of khas'possession on the expiry of lease and for recovery of mesne profits.

(2.) The predecessor-in-interest of the defendants, namely, Ranen Roychowdhury, was inducted as a lessee by Gunindra Mohan Bose, under a registered deed of lease dated October 1, 1964 for a period of 21 years commencing from August 1, 1964. On the death of Gunindra Mohan Bose, the property devolved upon his son, Amal Kumar Bose, who by executing a registered deed of conveyance dated August 13, 1984 conveyed the property in favour of the plaintiff. By such purchase the plaintiff stepped into the shoes of the lessor. The lessee accepted the plaintiff as his landlord and paid the rents to the plaintiff.

(3.) The lease expired on August 1, 1985 by efflux of time. The plaintiff, under mistaken impression, received rent from the lessee for the month of August 1985 and granted receipt therefor. However, when such mistake was detected, the plaintiff sent back the rent for the month of August 1985 to the lessee by money order, but the lessee refused to accept the said money order.