PADMABATI SHAW Vs. MANABHWATI SHAW

JUDGEMENT

(1.) THIS is an appeal against a judgment and decree dated 31st July, 1998 passed in Title Suit No. 1957 of 1989 by the learned Trial judge, 9th Bench of the City Civil Court, at Calcutta.

(2.) BY the above judgment and decree under appeal the above suit of the plaintiff/appellant (appellant, in short) for eviction of the respondents or rather for a decree for recovery of vacant possession of the suit property and other incidental reliefs on account of rent in arrears and for mesne profits etc. was dismissed with costs.

(3.) THE learned Trial Judge, it appears, in dismissing the above suit of the appellant merely relied on a clause of the lease deed in question, namely, Clause (v) thereof, and held that by virtue of such clause the respondents became tenants (the original lessee was the father of the respondents) under the provisions of West Bengal Premises Tenancy Act, 1956 and since no notice under Section 13 (6) of the West Bengal Premises tenancy Act, 1956 was issued by the appellant for terminating the tenancy before the institution of the suit the appellant was not entitled to any decree for eviction and for recovery of possession of the suit premises against the respondents.