BANESWAR PAL Vs. NIRMALA JYOTI

JUDGEMENT

(1.) This appeal is from the judgment and decree dated July 20, 1972 passed by the learned Subordinate Judge, Third Court at Howrah affirming those passed by the learned Munsif, Third Court at Howrah.

(2.) The plaintiff-respondent brought a suit for eviction of the defendant-appellant and for recovery of arrear rents and mesne profits from him on the following allegations: Nagen Pal, the father of the present appellant was a tenant in respect of the suit land under the plaintiff under a registered deed of lease for a fixed period of 14 years commencing from the month of November 1953 and terminating on the expiry of the month of October 1967. Under the terms of the aforesaid lease the lessee was to vacate the suit premises on the expiry of the aforesaid period without any notice. As the lessee did not so vacate the land the lessor by a lawyer's letter asked the lessee to vacate on the expiry of the month of November 1967. This was not complied with. The original lessee, said Nagendra Nath Pal, died leaving the present defendant as his sole heir. The plaintiff was accordingly constrained to file the present suit asking for the reliefs as aforesaid.

(3.) In his written statement the defendant denies the material allegations contained in the plaint and his specific case is that he is a thika tenant and the present suit before the learned Munsif is accordingly not maintainable. The tenancy in question was in existence from long before the date of execution of the registered deed of lease. The deed of lease is accordingly illegal, invalid and inoperative and the tenant is not bound by its terms.