MOHAMMAD MATEEN Vs. BAIJNATH BAJORIA

JUDGEMENT

(1.) This is a suit by the plaintiff for the recovery of possession of premises No. 83, Lower Circular Road, Calcutta, and for mesne profits.

(2.) Nagendra Nath Das and Ramesh Chandra Bhowmick were the joint owners of 83, Lower Circular Road, which was a vacant plot of land. By a registered lease dated 29/11/1943, the said owners Nagendra Nath Das and Ramesh Chandra Bhowmick let out the said vacant land to the defts., carrying on business in the name of National Motors for a term of 3 years with effect from 1/12/1943. The lease provides that on the expiry of the said term the defts. should deliver quiet and peaceful possession to the lessors. By a conveyance dated 4/5/1946, the said Nagendra Nath Das and Ramesh Chandra Bhowmick sold the said land to the plaintiff Notice of the transfer was duly given to the defts. and the defts. were asked to attorn and pay rent to the plaintiff The defts. paid rent to the plaintiff thereafter until the determination of the said lease. The lease expired on 30/11/1946. On the expiry of the lease demands for possession were made by and on behalf of the plaintiff but the defts. did not comply with such demands. Hence this suit for possession.

(3.) The lease, the conveyance and the correspondence between the parties including the letter of attornment will be found in the admitted brief of documents and correspondence marked as Ex. "A" in this suit. The suit was filed on 23/7/1947.