SAMAR SHAW Vs. FULKUMARI DASSI

JUDGEMENT

(1.) This is a suit for a declaration that the Plaintiff is a Thika tenant in respect of the plot of land mentioned in the plaint and is entitled to retain possession of the land; a declaration, if necessary, that the order of the Court of Small Causes, Calcutta, dated the 16th February 1953, referred to in the plaint is not binding on the Plaintiff; an injunction restraining the Defendants, their servants and agents from executing the order, dated the 16th February 1953, and from interfering in any way with the Plaintiff's possession of the land; a decree for Rs. 2,000 as compensation or damages and for costs and other reliefs.

(2.) The Plaintiff alleges that on the 5th January 1945 the Plaintiff purchased structures consisting of 12 kutcha rooms with chungi khola roof at premises No. 37/12, Beniatola Lane, Calcutta, now known as 37/12/1, Beniatola Lane. In 1945 the Plaintiff became a tenant in respect of a plot of land at the premises including the land on which the structures -stood under the then landlords Dutta Estates Ltd. at a rent of Rs. 28 per month. The tenancy was according to the English Calendar month. In August 1945, the Plaintiff demolished the structures purchased by him and erected pucca masonry structures on the land held by him as tenant. In 1947 Raghu Nath Dutta, since deceased, became the landlord of the land in place and stead of Dutta Estates Ltd. The Plaintiff thereupon became a tenant under Raghunath Dutt in respect of the plot of land at the rent of Rs. 28 per month. In 1950 the Defendant No. 1 Fulkumari became the landlady jointly with Raghunath, since deceased, of the plot of land and thereupon the Plaintiff became a tenant under Fulkumari and Raghunath at Rs. 28 per month. The rent was increased to Rs. 34 per month in 1950.

(3.) On the 20th November 1951, Fulkumari and Raghunath instituted proceedings in the Court of Small Causes, Calcutta, against the Plaintiff for recovery of possession of the land. The Plaintiff entered appearance in the proceedings and claimed protection under the Calcutta Thibet, Tenancy Act, 1949.