KHANA LAHIRI Vs. SUNITI KUMAR CHATTERJEE

JUDGEMENT

(1.) Heard the learned Advocates for the parties.

(2.) The plaintiffs/respondent filed a suit against the defendants/appellants for recovery of khas possession, and for damages, of the suit property on the ground of efflux of time. The plaintiffs claimed that the plaintiff is the absolute owner of the suit property which happens to be a godown. According to the plaintiffs the suit property is included in the property which was purchased by the plaintiff in the year 1959 from one Shri Shailendra Nath Guha Roy for valuable consideration. The plaintiff has alleged that the defendant was a lease-hold tenant under the plaintiff in respect of the said godown for a period commencing from 01.07.1959 and ending with the last date of July, 1980 at a rental of Rs.125/- per month payable according to English Calendar month in terms of the lease deed which was executed on 23.06.1959. The plaintiff further alleged that by a notice dated 07.01.1980 the plaintiff asked the defendant to deliver vacant and peaceful possession of the suit property in compliance with the terms of the lease since the said lease would terminate with the expiry of the last date of July, 1980. The plaintiff has alleged that the defendant failed to quit and vacate the suit premises and has been occupying the same as a trespasser since 01.08.1980.

(3.) The defendant contested the said suit by alleging that by a notice dated 17th November, 1966 the lease was forfeited by the plaintiff on the ground of breach of terms of the lease and as such the lease came to an end. According to the defendant, thereafter by payment and acceptance of rent a tenancy was created under the provisions of the West Bengal Premises Tenancy Act and hence the suit should be dismissed.