AMULYANATH DUTT Vs. JUGAL KRISHNA HALDER

JUDGEMENT

(1.) This is a suit for the possession of a "shop room" (hereinafter called !'the room") on the ground floor of premises No. 115, Honohardas Street, Calcutta, for mesne profits and other reliefs.

(2.) According to the Plaintiffs by an Indenture of Lease, dated the 23rd Chaitra, 1344 B.S., corresponding to the 6th April, 1938, the Defendant became a lessee in respect of the room.. By process of devolution and transfer the Plaintiffs are the present owners of the premises. The Indenture of Lease provided, inter alia, that the lease would be for a period of twelve years from Jaistha, 1344 B.S. to Baisakh 1.356 B.S., the lessee would make over vacant and peaceful possession of the room to the lessons on the expiry of the term of the lease; if the lessee failed to make over vacant possession the lessee would pay as compensation to the lessons Rs. 3 per day till vacant possession was delivered, and the rent of the room would be Rs. 30 per month payable by the 15th day of each succeeding month. The term of the lease expired on the last day of Baisakh, 1356 B.S., corresponding to the 14th May, 1949, but the Defendant did not deliver up possession notwithstanding notice served on the Defendant of the Plaintiffs' intention to reenter. No rent has been tendered or paid to or received by the Plaintiffs since the expiry of the lease.

(3.) In the alternative the Plaintiffs state that they determined the tenancy of the Defendant by causing a notice to quit to be served on the Defendant calling upon the Defendant to quit, vacate and deliver up possession of the room on the expiry of the month of Baisakh, 1356 B.S., and that the Plaintiffs require the room bona fide for their own use and occupation. The Defendant has wrongfully and illegally transferred or sub-let the whole of the room for a period of more than six months without the consent and authority of the Plaintiffs. Notwithstanding determination of the Defendant's tenancy the Defendant continues to be in illegal and wrongful possession of the room.