TRILOCHAN DAS Vs. KRISHNA DUTTA

JUDGEMENT

(1.) EJECTMENT Suit No. 1119 of 1984 was instituted by the plaintiffs-opposite parties against the present petitionerfor eviction from the suit premises on the ground of default. The defendant-petitioner entered appearance and filed written statement. The suit is being now proceeded with. An application under Order 6 Rule 17, CPC read with Section 151, CPC was taken out by the plaintiffs-opposite parties for insertion of following : -

(2.) IN the written objection of the defendant-petitioner it was contended that his father was the original tenant under one Jaladhinath sadhu prior to coming into force of the West Bengal Premises Tenancy act, 1956 and on the death of his father he along with his brothers and sisters and mother inherited the tenancy. His father during the life-time of himself and the said Jaladhinath Sadhu inducted subtenants in the suit property with verbal consent of the said Jaladhinath Sadhu prior to coming into force of the West Bengal Premises Tenancy Act, 1956 and not after promulgation of the said Act or after the institution of the suit. Sub-tenancy of some of the persons were made known to the plaintiffs by a letter dated 31 st March, 1977 and it was also replied to. Thus, the suit was instituted in 1984 knowing full well of existence of subtenants in the suit property before the year of 1984.

(3.) ONE Digambar Das said to be the brother of the present petitioner t'rilochan Das was added as a party defendant No. 2 under Order 1 Rule 10 of the CPC and in his written objection he opposed the amendment. It was his case that the new ground of subletting was a fabricated one.