PROBHAT KUMAR MUKHERJEE Vs. SANTI RANJAN BANERJEE

JUDGEMENT

(1.) An interesting question of law has arisen in this Second Appeal, namely, whether a legal title accrues in favour of a party in respect of a property which he has got under a petition of compromise filed by the interested parties in a suit for partition where no final partition decree has been engrossed on the requisite stamped paper as required by the Stamp Act.

(2.) An order to understand how this question of law has arisen, it is necessary to state only the following facts. Respondent Santi Ranjan Banerjee was inducted in a portion of premises No. 14, Iswar Ganguli Street by the appellant at a monthly rent of Rs. 10/- which was subsequently raised to Rs. 11/-. The appellant brought a suit for ejectment against the respondent alleging that the respondent had made defaults on three occasions of two consecutive months each within a period of 18 months prior to the institution of the suit. A further ground for ejectment made by the appellant was that the premises in the occupation of the respondent were reasonably required for the accommodation of the appellant and other members of his family because the existing accommodation was not sufficient for their requirement.

(3.) The defence of the defendant was that the mother of the plaintiff and not the plaintiff was the landlord of the premises and that the allegations about default and reasonable requirements were unfounded. The learned Munsif who tried the suit framed necessary issues which arose upon the pleadings and by overruling all the objections put forth on behalf of the defendant he passed a decree for ejectment in favour of the plaintiff.