ANATH BANDHU CHAKRABORTY Vs. ASHIM MUKHERJEE

JUDGEMENT

(1.) This appeal, at the instance of defendant/appellants, is directed against the decision dated August 23, 1975, made in Title Appeal No. 816 of 1974, by the learned Additional District Judge, 13th Court, Alipore, affirming thereby the decision dated July 23, 1974, made in Title Suit No. 390 of 1967, by the learned Munsif, 2nd Additional Court, Alipore. Those determinations have been made after remand.

(2.) The plaintiff, initially brought Title Suit No.277 of 1966 in the Court of the learned Munsif, 4th Court, Alipore, contending that defendant No.1, Anath Chakravartty, who was a tenant in respect of the Southern portion of premises No.74, Harish Chatterjee Street, Calcutta (hereinafter referred to as the said premises), had sublet and/or transferred and/or assigned the tenancy, without his knowledge and consent to defendant No.2, Rajendra Nath Chakravartti. That apart, it was alleged that the said defendant No.1 was guilty of acts contrary to clauses (m), (o) or (p) of Section 108 of the Transfers of Property Act and furthermore, he has caused damages to the said premises. The suit was alleged to have been filed after duly determining the tenancy, on service of necessary notice and on the failure and refusal of the said defendant No.1 to vacate the premises even in spite of such service.

(3.) The defendants contested the suit by filing a joint written statement wherein it was contended, inter alia, amongst others that they were joint tenants of the said premises, although the tenancy was in the name of defendant No.1, the defendant No.1 had not sublet the said premises or any part or portion thereof to the defendant No.2, the said defendant No.1 was not a defaulter as alleged and he has not done any act contrary to clauses (m), (o) or (p) of Section 108 of the Transfer of Property Act.