GYURMEYLA SADU TSHANG Vs. ANDREW SARKIES

JUDGEMENT

(1.) The Plaintiffs' case is that the Plaintiffs were refugees from Tibet. They came over to India in order to make India their permanent home. While in Tibet most of them lived together in a very big house consisting of about 85 to 90 rooms.

(2.) On or about January 19, 1962, the Plaintiffs purchased the premises being premises Nos. ISA and 13B Sudder Street and Nos. 5A, 6A, 7A, 8A, 9A, 10A, 11A, 12A and 13A Madge Lane, Calcutta (herein -after called the Sudder Street premises). One Mrs. M. Sarkies, the successor -in -interest of M.S. Sarkies, deceased, the predecessor -in -interest of the present Defendants, had been running a hotel since sometime past as a tenant under the name and style of Fairlawn Hotel in a portion of the premises No. 15A Sudder Street and in, the first floor of 13A Madge Lane. The said portion constituted a part of the said Sudder Street premises. After the said purchase the Plaintiffs were attorned as the landlords. The Plaintiffs accepted rent at the rate of Rs. 700 per month from the said Mrs. M. Sarkies on behalf of the 'Estate M.S. Sarkies, deceased' for the broken part of January and also for the month of February 1962. The Plaintiffs issued rent receipts describing themselves as G. Sadu Tshang and Ors. in favour of the 'Estate M.S. Sarkies, deceased in respect of the said portion of the said Sudder Street, premises.

(3.) In or about the end of March 1962 Mrs. M. Sarkies died. The Plaintiffs refused to accept rent for the month of March 1962. As a result of such refusal the Defendants started depositing the rent from the said month with the Rent Controller till the time hereinafter mentioned and thereafter with the Registrar of this Court to the credit of this suit.