PRODOSH KUMAR BAJPAIE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Petitioner is the owner of premises No. 1, Lloyds Road, Darjeeling, which comprises a one-storeyed building known as 'holy Lodge' and a twostoreyed cottage adjacent thereto and a vacant piece of land.

(2.) IN March, 1954, the Petitioner let out the Holy Lodge as well as the ground Floor of the Holy Lodge Cottage to the Bhutia Association (represented by Respondents 4-5), which is ia society registered under the West Bengal societies Registration Act, at a rent of Rs. 160|- per month. The Association defaulted in payment of rent and also sub-let portions of the demised premises to one Kazi, on account of which the Petitioner served a notice determining the tenancy with effect from August 1, 1959. Nevertheless, at the request of the Association, there was an agreement, as at Annexure A, by which the Association was allowed to continue in possession till January 1, 1962, on or before which date the association agreed to deliver vacant possession to the Petitioner. Thereafter, the said sub-lessee quitted and the possession of the portion occupied by Kazi having been restored to the petitioner, the rent payable by the association was reduced to Rs. 110|- and at that rent, the Association continued, since 1960, to remain in possession of two rooms with an attached bath room in the Holy Lodge and one room in the Holy Lodge Cottage. But the association again wrongfully sub-let one room to the "tribal Women's Industrial Co-operative Society'.

(3.) THE Deputy Commissioner, Darjeeling came upon the scene at this stage. By the letter at Annexure B, dated December 19, 1961, the Deputy commissioner (Respondent No. 3)requested the Petitioner to allow the association to remain in possession for another year, saying that the Association had approached him for 'requisitioning' the premises, but that he had advised them to come into an amicable arrangement with the Petitioner to remain in possession so long as alternative accommodation was not available. An assurance was given by the Deputy Commissioner that the associat on "would vacate the present one as soon as alternative accommodation is available. "