PROTIVA MUKHERJEE Vs. SHYAMSUNDAR NANDY

JUDGEMENT

(1.) This suit has been filed by the plaintiff against the defendants for a decree for Rs. 3615/-, possession of a portion of premises No. 7, Nawab Lane, Calcutta; alternatively an enquiry into damages etc.

(2.) The plaintiff's case is that by a conveyance dated 29th of December, 1962 the plaintiff purchased premises No. 7, Nawab Lane, Calcutta and became full owner thereof. According to the plaintiff, on April 15, 1959 the original defendant, Jyotindra Nath Nundy and the defendant No. 2 wrongfully entered into and trespassed in the said premises. The plaintiff had been successful in getting part possession of a portion of the premises after the said purchases. But the portion now under the possession of the defendants as trespassers is required to be recovered from the defendants by obtaining a decree to the effect in this suit. On 26th of August, 1963 the plaintiff called upon the original defendant and the defendant No. 2 to quit, vacate and deliver up vacant possession of the said portion to the plaintiff and also claimed damages at the rate of Rs. 15 per diem. But in spite of such demands the defendants or either of them have failed and neglected to quit, vacate and deliver up vacant possession. Hence the present suit has been filed.

(3.) The case of the defendants is that the plaintiff by such indenture dated 29-12-1962 could not purchase the building situated on premises No. 7, Nawab Lane, Calcutta as the plaintiff's Vendor, Sachindra Nath Mukherjea who happened to be the father-in-law of the plaintiff could only purchase the land measuring about 2 cottahs comprised in premises No. 7, Nawab Lane, Calcutta and not building and structures standing thereon, by the conveyance dated 28th of March, 1962 from the Manager of the Murshidabad Nawab Estate as the building and/or structures thereon belonged at all material times and still belong to the defendants. As the plaintiff's Vendor, Sri Sachindra Nath Mukherjee was not the owner of the building and/or structures as such he could not have transferred such building and structures in premises No. 7, Nawab Lane, Calcutta to the plaintiff by conveyance dated 29th of December, 1962. By a deed of conveyance dated September 19, 1884 the Nawab of Murshidabad let out the estate, now known as premises No. 7, Nawab Lane, Calcutta being brick built one and two storied building for a period of 21 years at a rent of Rs. 40 to the grandfather of the present defendants. The defendants' case is that one Beharilal Nandy, since deceased, the grandfather of these defendants obtained a lease by way of Bengali deed (Kabuliat) dated 15th of November, 1909 for a period of 21 years in respect of the land only comprised in premises No. V, Nawab Lane, Calcutta and before the expiry of the previous lease it is stated in the said lease that Beharilal Nandy was the owner of the existing brick built structures standing on the land and he was given liberty to raise further structures on the existing structures belonging to him and to let them out to the various tenants and on expiry of the said lease he would have to remove the structures and deliver vacant possession of the bare land to the Manager of Murshidabad Nawab Estate.