RATAN SEN Vs. KANAILAL SINHA

JUDGEMENT

(1.) THIS first appeal is at the instance of the added defendants in a suit for eviction decreed on the ground of default in payment of rent and subletting and is directed against the judgment and decree dated 29th March, 1996 passed by the learned Judge, Second Bench, City Civil Court at Calcutta in Ejectment Suit no. 894 of 1983.

(2.) THE plaintiffs-respondents filed the aforesaid suit against one Kshitish chandra Sen Majumder on the ground of default in payment of rent and subletting by describing him as the sole tenant.

(3.) IN the said suit, the appellants before us filed application under Order I rule 10 of the Code of Civil Procedure and they were added as defendants on their allegation that they were sub-tenants with the consent of the previous owner of the property in writing. There is no dispute that the plaintiffs-respondents were subsequent purchasers.