PRADIP GHOSH Vs. SUKUMAR BOSE

JUDGEMENT

(1.) The present Second Appeal is directed against the judgment and decree dated 27th October 2005 in Title Appeal No. 10 of 2005 passed by the learned Judge, VIth Bench, City Civil Court at Calcutta, reversing the judgment and decree dated 20th December 2004 passed by the learned Judge, 2nd Bench, Court of Small Causes, Calcutta in Ejectment Suit No. 1297 of 2000.

(2.) Plaintiff in the suit is the appellant herein and the defendant in the suit is the respondent herein.

(3.) Appellant/Plaintiff's case in the suit was that his father late Jyotish Chandra Ghosh was the original owner of the suit premises detailed in the schedule to the plaint and he created a Trust in respect of the suit premises along with some other properties belonging to him and after the death of his parent and sister, he became the absolute owner of the suit premises as per the terms and conditions of the said Deed of Trust dated 3rd July, 1971. It was the case of the appellant/plaintiff that the father of the respondent/defendant, late Dhirendra Nath Bose was originally inducted as a tenant in the suit premises at a monthly rental of Rs.100/- payable according to English Calendar month and the tenancy continued till his death and after his death, the present respondent/defendant became the tenant in the suit premises. Such tenancy continued for sometime and subsequently the respondent/defendant left the suit premises and shifted with his family members at a different house, transferring/assigning/subletting the suit premises to one Kanai Bose and Balai Bose without the consent of the appellant/plaintiff and hence appellant/plaintiff served a notice of ejectment upon the respondent/defendant under Section 13(6) of the West Bengal Premises Tenancy Act, 1956 (Old) and thereby terminated the tenancy. The respondent/defendant refused to vacate the suit premises in terms of the ejectment notice and hence the appellant/plaintiff filed the suit praying for the eviction of the respondent/defendant from the suit premises and other related reliefs as well.