DHIRENDRA NATH NEOGI Vs. PRONAB KUMAR NEOGI

JUDGEMENT

(1.) Prayer (a) of the petition has not been pressed. The rest of the prayers have been pressed The only question arising on this application is whether the monthly tenancy of the shop room at No. 33, J Dalhousie Square, East, pertaining to the business of Binode & Co., has been transferred by the Official Receiver at a sale held by him on the 25th Jan., 1957. The business of Binode & Co.. appears to be joint family business. The members of the joint family to whom the business belongs are parties to this suit. On the 22nd Dec., 1954 an order was made by this Court that the Official Receiver do sell inter alia the business of Binode & Co., and the stocks and other asset's of the said business. On the date when this order was made the West Bengal Premises Rent Control (Temporary Provisions) Act 1950 was in force. On the 31st March, 1956 the West Bengal Premises Tenancy Act 1956 come into force. By an order dated the 28th May, 1956 it was inter alia ordered that any party purchasing the property at the sale to be held by the Official Receiver would be entitled to set off the purchase price against his share of the proceeds of the sale of joint family properties and the purchase price would form a charge on that party's share in those properties.

(2.) All the parties appearing before me formally admitted that the monthly tenancy in respect of the room was terminated by the owners of the premises by a notice to quit expiring at the end of Oct., 1956. This fact does not appear on the affidavits, but was formally admitted by the learned lawyers appearing on behalf of all the parties.

(3.) On the 25th Jan., 1957 the Official Receiver held the sale directed by the previous order and sold the stocks and assets of the business of Binode & Co., to the petitioners Nirmal Kumar Neogi and Sukumar Neogi at and for the price of Rs. 46,500]-. It is common case that at that sale of' stocks and assets of the business of Binode & Co., were sold and this also appears to be borne out by the Sale Notification and by the particulars and conditions of sale