DEEP PAL CONSULTANCY PVT LTD Vs. UMA MUKHERJEE

JUDGEMENT

(1.) The instant appeal has been preferred against the judgement and decree dated August 13, 2015 passed by the Civil Judge, (Senior Division), 5th Court at Alipore in Title Suit No. 22 of 2014.

(2.) The appellant herein filed a suit for eviction under Section 6(1) of the West Bengal Premises Tenancy Act, 1997 inter alia on the grounds of default, violation of clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act and for building and rebuilding.

(3.) The plaintiff is the owner of the suit property and the defendant is a monthly tenant under the plaintiff at a rental of Rs. 130/- payable according to English Calendar month. By virtue of a deed of conveyance dated March 1, 2007 the plaintiff acquired title in respect of the suit property. The letter of attornment which was sent by the plaintiff by speed post with acknowledgement due was not accepted by the defendant. Originally one N.Mukherjee was the tenant in respect of the suit premises. Upon his death the tenancy right devolved upon his son Swapan Mukherjee. Upon the death of Swapan Mukherjee, the defendant being his wife, became the tenant in respect of the suit property. The defendant is a defaulter in payment of rent from the month of March, 2007 and is guilty of causing waste and negligence. He also violated the provisions of Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act. The suit property is a dilapidated one and a notice under Section 411(1) of the Calcutta Municipal Corporation Act, was served upon the plaintiff directing him to demolish the dangerous portion of the building. As such the suit premises is required by the plaintiff for the purpose of building or rebuilding and the plaintiff has also got the plan sanctioned from the Municipal Authority. A notice to quit dated November 14, 2013 was sent by the learned advocate of the plaintiff through registered post with acknowledgement due directing the defendant to quit and vacate the tenanted accommodation. The said notice returned with the postal endorsement "unclaimed". Since the defendant did not vacate the suit premises, the plaintiff was compelled to institute the instant suit.