BHULAN SINGH Vs. GANENDRA KUMAR ROY CHOWDHURY

JUDGEMENT

(1.) THESE are four appeals from decrees of Banerjee J. sitting on the Original Side of this Court, made on 12th May 1949 in ejectment suits. The plaintiff -respondent in each of these appeals purchased certain premises known as No. 30 Kali Krishna Tagore Street in the year 1938. These premises were let to a number of tenants - -including the four appellants. Notices to quit were served on each of the four appellants and on 14th January 1949 ejectment suits were filed by the plaintiff respondent against each of the four appellants. These suits were tried together by Banerjee J. sitting on the Original Side, as the facts were common to each case. The learned Judge eventually came to conclusion that the plaintiff was entitled to possession asa against each of the four defendants and accordingly made decrees for ejectment in each suit. It is from these four decrees of ejectment that the present appeals have been filed.

(2.) THE short point involved in each of these appeals is whether having regard to the terms of Section 11(1)(f). West Bengal Premises Kent Control (Temporary Provisions) Act, 1948, the plaintiff landlord was entitled to possession as against these tenants.

(3.) NOTHING however was done presumably owing to the War. On 27th March 1948, the Corporation of Calcutta issued a notice on the plaintiff and the occupiers drawing attention to the dangerous condition of this building and demanding that certain repairs should be done immediately, otherwise they would be done by the Corporation and charged to the plaintiff or the occupants.