MIRA DEBI Vs. LILABATI BORAL AND OTHERS

JUDGEMENT

(1.) The plaintiffs' case is that the defendant was a tenant in respect of the disputed premises at a monthly rent of Rs. 18.00 according to English Calendar. They reasonably require the suit premises for their own use and occupation. The defendant is a defaulter from June 1970 and she illegally sublet a portion of the premises without their consent. The tenancy was duly determined by a notice to quit. The suit is.for ejectment and also for recovery of mesne profits.

(2.) The defence is a denial of the plaintiffs' allegations. It has been stated that the suit is not maintainable. The rooms in question were in a dilapidated condition and immediate repairs were called for. She approached the plaintiffs nos. 1 and 2 and they agreed that the defendant would carry out the repair work and the sum spent for such work would be adjusted against the rent. In Aug., 1970, she completed such work by spending Rs. 400 00. She approached the plaintiff No 1 for making proper adjustment, but no such adjustment was made. Hence she was compelled to deposit the rent with the Rent Controller from Oct., 1970.

(3.) In the trial court the case of reasonable requirement was not pressed. Th'e learned Munsif accepted the plaintiffs' version and held that the defendant was a defaulter and she did not spend Rs. 400.00 as alleged. The story of subletting was not accepted. The suit was decreed only on the ground of default made by the tenant defendant. An appeal was preferred against this. In the court of appeal below an argument was advanced that in view of the provisions of the Sec. 13 (3A) of the West Bengal premises Tenancy Act 1956 the suit was not maintainable because the plaintiffs purchased eight annas share in the disputed plot in June, 1970. whereas the suit was instituted in June, 1971, that is, within one year of the purchase. This ground was negatived. The appellate court otherwise accepted the learned Munsif's findings and dismissed the appeal on the ground that the defendant was a defaulter. Being aggrieved by that decision the present appeal has been filed.