(1.) This is an appeal from the judgment and decree dismissing the plaintiffs' suit for possession with costs. The point in the appeal raises the incidents and consequence of letting for immoral purpose. The moral and social perplexities of prostitution are not the concern of this court. Its legal perplexities demand this court's careful and anxious consideration.
(2.) The plaintiffs are the executors and trustees of the Will dated 22-6-1946 of one Ranubala Dassi who died on 23-6-1946 leaving the premises in suit No. 9/2 Sonagachi Lane, Calcutta as part of her assets. The plaintiffs executors obtained probate of the Will from this Court on 15-8-1946. The plaint alleges that the premises were let out by Ranubala Dassi to the defendant for running a brothel, and that the defendant is a woman of the town who has been using the said premises as a brothel and for carrying on prostitution along with other inmates of the said house. A case of disorderliness, annoyance and nuisance is also made in the plaint. Within a month of the grant of the probate the plaintiffs served a notice on the defendant to vacate the premises on the ground that she was a prostitute and carrying on the business of prostitution. The notice called for delivery of possession forthwith. The case of the plantiff executors and trustees in evidence is that they want the said premises to administer the trust imposed by the Will of setting up there a charitable dispensary under the Will. They are faced with the proverbial defence that a property let for immoral purpose is irrecoverable in a court of law.
(3.) The defendant filed a written statement denying the charge of prostitution and of running a brothel and pleading that she resides with her family and children. The defendant's further case is that after Ranubala's death the plaintiffs accepted the defendant as their tenant on the ground that two notices were served on her informing her about the grant of probate and that she had been depositing rent with the Rent Controller since July 1946.
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