ROHINI KUMAR ROY Vs. RAGHO SARAN

JUDGEMENT

(1.) This appeal has arisen out of a suit instituted by the Plaintiffs Appellants for ejectment of the Defendant Respondent from some premises situate in village Shapur within police station Behala in the suburbs of Calcutta after service of notice to quit. Admittedly, the monthly rent payable for the premises was Rs. 20. The allegation of the Plaintiffs landlords was that the tenant Defendant had sublet a portion of the premises and he was also in arrears for a long period beginning from February, 1945. The suit was instituted on February 13, 1948 when the Calcutta Rent Ordinance of 1946 was in operation.

(2.) The tenant Defendant denied the subletting and contended that the notice served upon him was not valid and sufficient and he was not a defaulter. The defence of the Defendant succeeded in the trial court on material points and so the claim of the Plaintiffs landlords for khas possession was dismissed. As a portion of the arrears of rent was deposited after the institution of the suit the Plaintiffs were awarded a partial decree for costs. The trial court, however, held that a valid notice to quit had been served on the Defendant.

(3.) An appeal was preferred by the Plaintiffs landlords but the appeal was also dismissed making the dismissal conditional to payment by the tenant a certain sum of money by way of arrears of rent and interest on arrears and costs of the trial court. It was ordered by the lower appellate court that if these amounts were not deposited in the lower appellate court within 15 days from the date of the order, then the claim of the Plaintiffs for ejectment would stand decreed. It is an admitted fact that the above mentioned amounts were deposited within the time allowed by the lower appellate court.