SANTOSH KUMAR CHATTERJEE Vs. SANTOSH ROY CHOWDHURY

JUDGEMENT

(1.) THIS is an appeal against a judgment and decree of reversal. The plaintiffs instituted the suit on May 9, 1969 for recovery of possession of a piece and parcel of bastu land measuring 11 cottahs forming the demarcated portion of plot 128. Khatian 1695 and 576. Mouja Barisa, P. S. Behala being premises No. 28/16/1, Kalikinkar Road within South Suburban Municipality with a tank and two storeyed pucca building thereon with appurtenances. The plaintiffs respondents case is that the suit land with a tank and two storeyed building on part thereof was purchased by Nirod Barani widow of Surapati Roy Choudhury out of her stridhan money on February 18,1949. On October 17, 1958 a lease in respect thereof was executed between Nirod Barani as lessor and the defendant appellant as lessee for ten years at a rent of Rs. 50/- per month payable according to the English Calendar month. Nirod Barani died on October 19, 1964 and on her death, the plaintiffs got the property by inheritance, as her brother's sons' sons and daughters. The lease expired on and from October 17, 1968 and the plaintiffs by notice dated November 12, 1968 called upon the defendant to quit and vacate the premises within fifteen days of the receipt of the notice. As the defendant failed to comply with the requisition the suit was instituted claiming a decree for eviction of the defendant and for mesne profits.

(2.) THE suit was contested by the defendant and in his written statement stated that the lease was granted by one Srish Chandra mookerjee and not Nirod Barani, who was thus a necessary party to the suit. In any event it was stated that the plaintiffs were not the legal heirs of Nirod Barani who died without leaving any legal heir. The legal validity of the notice was also challenged.

(3.) IT transpired in evidence that the property originally belonged to Nirod barani who sold it to Sarbeswar on December 21, 1940 for Rs. 2200/- only. On February 18, 1949 Sarbeswar sold the property to Srish Chandra Mukherjee for the same consideration. Srish it is claimed by the plantiffs, was a benamdar of Nirod Barani and as such benamder granted the said lease to the defendant. On July 3 1964 a nadabi deed was executed by Srish declaring Nirod Barani as the owner of the property and soon thereafter on October 19, 1964 Nirod Barani died leaving the plaintiffs as her legal heirs: