MURARI M MUKHERJEE Vs. PROKASH CH CHATTERJEE

JUDGEMENT

(1.) This is a suit by the plaintiffs for the recovery of a vacant plot of land being the northern portion of premises No. 235/1, Bowbazar Street, Calcutta, more particularly described in the schedule to the plaint. According to the plaintiffs, the defendant was a tenant in respect of the said plot of land for a term of 15 years ending on 30th June 1947 at a rent of Rs. 20 per mouth. By a letter dated 25th April 1947, the plaintiffs called upon the defendant to give vacant possession on the expiry of the month of June 1947. It is also alleged in the plaint that a sum of Rs. 60 was due and payable by the defendant on account of rent for three months from April to June 1947.

(2.) The defendant filed his written statement and he took a number of points in defence. Mr. Gouri Mitter who appeared for the defendant has abandoned all these points taken in the written statement and has argued only one point before me and that is a point arising under the Calcutta Thika Tenancy Act, 1949, to which I will refer later or in the judgment.

(3.) On behalf of the defendant he has admitted the lease dated 1st July 1932, between the plaintiffs and the defendant and the letter, dated 25th April 1947. These two documents are to be found in the admitted brief of correspondence which has been marked by consent as Ex. A in this suit. For purposes of this suit Mr. Gouri Mitter for the defendant has admitted the facts stated in the plaint.