REKHA MUKHERJEE Vs. ASHIS KUMAR DAS

JUDGEMENT

(1.) The Court : The second appeal arises out of an appellate decree passed by the District Judge dismissing a suit for eviction filed by the appellant. The suit premises are 77/1, Hazra Road (hereinafter referred to as the premises). The appellant is the owner of the premises. The premises were leased in 1959 to Manik Chandra Das for a period of 15 years.

(2.) After expiry of the lease period the appellant filed a Title Suit being T.S. No. 105 of 1979 against Manik Chandra Das (being the predecessor in interest of the respondent) before the Third Munsif at Alipore for his eviction. Manik Chandra Das filed a written statement in the suit claiming to be a thika tenant in respect of the premises and challenging the 1959 lease deed as being vitiated by misrepresentation. Manik Chandra Das died soon thereafter and his widow, Gouribala together with his two sons ( the present respondents, were substituted in his place and stead.

(3.) After several further proceedings, in May, 1989 the respondent No. 2 filed a separate written statement and also deposed that the respondents and Gouribala were thika tenants under the Calcutta Thika Tenancy (Acqusition Regulation Act, 1981 (referred to as the 1981 Act) in the premises.