MANINDRA CHANDRA DE Vs. GITA SEN

JUDGEMENT

(1.) THE facts which have led up to this appeal by the tenant defendant, manindra Chandra De and Brothers, a firm, from an appelate judgment and decree of affordance, concerning an action in ejectment, from part of 1 fern Road, Ballygunge, admit of a clear dichotomy. The dividing line is furnished by a specified date: august 25, 1962. The events which happened prior to this date fall in one class. And the events which happened, on that date and after, fall in another. Fortunately, none are in the realm of controversy, as we have it on the authority of the learned advocates appearing for both the parties.

(2.) A. Prior to August 25, 1962. One Ajit Kumar Sen, the owner of 1 Fern Road, let in the appellant as a tenant in 1948, as respects three rooms therein, on a rent of Rs. 190 a month, according to the English calendar. Rent was paid and accepted amicably up to 1960, as Manindra Chandra De, the tenant appellant's witness No. 3, and the sole proprietor of Manindra chandra De and Brothers, since 1367 b. S. (1961), says, on cross-examination.

(3.) NOW, what happened in 1960 ? on May 21, 1960, Ajit Kumar Sen mortgaged 1 Fern Road to Manindra chandra De and thereby secured from him a loan of Rs. 10,000. Whatever be the reason, it looks apparent that ajit Kumar Sen's financial position was going from bad to worse from then onwards. For, on March 17, 1961, Benoy Sen got a decree against him for Rs. 15,428 odd in suit No. 1428 of 1960 of this court. And a little less than two months later, to be exact, on May 5, 1961, Benoy Sen got still another decree for Rs. 20,760 against ajit Kumar Sen in suit no. 835 of 1960 of this court. Then on August 22, 1962, Manindra Chandra De, the mortgagee of Ajit Kumar Sen, as respects his 1 Fern Road property, purchased the two decrees of Benoy Sen against ajit Kumar Sen, one for Rs. 14,000 and another for Rs. 18,000. A deed of assignment was gone in for that, benoy having executed it in favour of Manindra. It was put to registration on August 24, 1962.