JARAT KUMARI DASSI Vs. SHALIGRAM SUBHKARAN KHEMANI

JUDGEMENT

(1.) This appeal arises out of a suit for ejectment, brought by the plaintiff, a Trust Estate, represented by three trustees (who described themselves as plaintiff in the plaint), against the defendants (who are the respondents before us) in respect of the disputed premises Nos. 29 and 29/1, Armenian Street, Calcutta, which were held by the said defendants (respondents) under the aforesaid Trust Estate as tenants. It was the plaintiff's case that, the defendants had defaulted in the payment of rents on, at least, three occasions of two successive months each within a period of 18 months before the institution of the present suit and, accordingly, they were not entitled to the protection of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, which was then in force and which, admittedly governs the present suit. The defendants' tenancy, according to the plaintiff, had been determined by the service of a proper notice to quit, expiring with the last date of November, 1954. The suit was instituted on 4th December, 1954.

(2.) The suit was contested by the defendants who denied, inter alia, all the relevant allegations of the plaintiff and contended, in the main, that the notice to quit was neither legal nor sufficient; that there were not the necessary or relevant defaults to disentitle them to the protection of the Bent Control law and, further that the suit was not maintainable at the instance of the three persons who, as trustees and plaintiffs as aforesaid sought to represent the plaintiff Trust Estate.

(3.) The trial court overruled all the above defences and passed a decree for ejectment, giving the defendants six months' time to vacate the disputed premises and deliver up vicant possession of the same to the plaintiffs (trustees) on condition that