SANTI LAL SAHA Vs. SUDHIR KUMAR ROY

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed in Title Appeal No. 970 of 1981 by Sri S. R. Sircar, the learned Additional District Judge, 4th Court, Alipore, reversing those based by Sri D. Bhattacharya, the learned Munsif, 4th Court, Alipore, in Title Suit. No. 443 of 1979 and remanding the suit for fresh decision in the light of the direction as given in the judgment and decree.

(2.) Plaintiff Santilal Saha filed the aforesaid title suit for recovery of possession in the suit premises on eviction of the defendant Sudhir Kumar Boy therefrom and for mesne profits.

(3.) The case of the plaintiff in brief was that the suit property belongs to one Anadilal Mukherjee and that by a registered deed of lease dated 10th August, 1958, the defendant was inducted as a tenant in the suit premises by Anadilal Mukherji for a period of 21 years beginning from 15th August, 1058 at the monthly rental of Bs, 100 according to English Calendar. On 16th July, 1979 just a month before the expiry of the lease, Anadilal Mukherji sold the suit premises to the plaintiff by a registered sali deed of the same date and both the seller and the purchaser sent by registered post the notice of attornment to the defendant with a request to pay the rent to the plaintiff. The registered notice of attornment sent by the plaintiff however came back without being served. The plaintiff therefore refused to accept any rent from the defendant. Although no notice to quit was necessary as the lease being a lease for 21 years, terminated with the eflux of time, the plaintiff however asked the defendant to vacate the suit, premises by sending a registered notice for the purpose. The defendant did not vacate the suit premises and remain in illegal possession of the same. Hence the suit.