GOBINDA BHUSAN ROY Vs. JNAN CHANDRA MUKHERJEE

JUDGEMENT

(1.) The premises in suit form part of a wakf which came into existence on May 3, 1940. Dabiruddin Ahmed, who made the wakf by a deed, was himself the first mutwalli. In his capacity as mutwalli, he leased the premises to Radhika Bhussan Roy, who occupied it as a monthly tenant at a rent of Rs. 215 per month. On August 8, 1952, Debiruddin transferred his interest to the present Plaintiffs. He informed the tenants of this transfer by a letter which has been put in evidence and asked them to pay rents henceforth to the transferees. In actual fact, the tenants have been paying rent to the Plaintiffs for a considerable time and recently have been depositing the same in favour of the plaintiffs before the Rent Controller. According to the Plaintiffs, their main purpose in getting this house, in exchange for certain properties they had in the town of Dacca, was to find accommodation for their large family in Calcutta, having had to leave Dacca because of the events after the partition of Bengal. After the transfer, the Plaintiffs gave notice to tenants to quit and thereafter brought the suit for ejectment out of which the present appeal has risen. The ground on which to Plaintiffs said, the Defendants were not entitled to the special protection of the West Bengal Premises Rent Control (Temporary Provisions) Act of 1950, against eviction, was that they reasonably required the premises for their own occupation.

(2.) The Defendants took several objections, the main objection being that there was no relationship of landlord and tenant between them and the Plaintiffs inasmuch as there had been no valid transfer from the mutwalli Dabiruddin Ahmed to the Plaintiffs.

(3.) The courts below rejected their contention, found that there has been proper service of notice to quit, found also that the landlords reasonably required the premises for their occupation and gave a decree for ejectment.