PANNALAL DAWN Vs. AKIN BUX MOLLA

JUDGEMENT

(1.) This appeal is directed against a decree dated March 28, 1963, passed in Ejectment Suit No. 2327 of 1961 by Mr. S.N. Mukherjee, a Judge of the City Civil Court.

(2.) The suit was brought by mutwallis of a wakf estate against Pannalal Dawn, the Defendant No. 1, for possession of two shop -rooms. The Commissioner of Wakfs was also made, a Defendant. The Plaintiffs allege that the Defendant No. 1 became a monthly tenant under the Plaintiffs in respect of two shop -rooms on the ground floor of premises No. 4 Madan Street, Calcutta, at a rent of Rs. 160 per month. They maintain that the said tenancy was determined by a notice dated October 27, 1961, duly served through their Advocate calling upon the Defendant No. 1 to deliver up vacant possession of the said rooms on the expiry of the month of November, 1961. The Defendant No. 1 failed to vacate the said premises in compliance with the said notice. The Plaintiffs contend that the said Defendant has wrongfully sublet and/or otherwise transferred a portion of the demised premises to M/s Air Carrying Corporation without the consent in writing of the Plaintiffs after the commencement of the West Bengal Premises Tenancy Act, 1956 and is not, therefore, entitled to any protection under the said Act.

(3.) In the written statement the Defendant No. 1 contended that the notice to quit was bad in law and therefore, invalid. He also denied that he had sublet or transferred any portion of the demised premises as alleged by the Plaintiffs. In para. 6 of the written statement he stated his case in these terms: