MADAN PAL Vs. BASHANTI KUMAR SHIT

JUDGEMENT

(1.) C.R. No. 587 of 1983 and C.R. No. 588 of 1983 have been heard together. C.R. No. 587 of 1983 is directed against the judgment and decree dt. 11th Dec. 1982 passed by the learned Small Cause Court Judge, Bankura in S.C.C. Suit No. 10 of 1978 decreeing a sum of Rs. 720/- as arrear rent from Shraban 1378 B.S. to Ashar 1381 B.S. The subject matter of challenge in C.R. No. 588 of 1983 is the judgment and decree dt. 11th Dec. 1982 passed by the same Small Cause Court Judge, Bankura in S.C.C. Suit No. 28 of 1978 decreeing a sum of Rs. 720/- as arrear rents from Shraban 1381 B.S. to Ashar 1384 B.S.

(2.) The opposite party filed the said 2 suits for recovery of arrear rent upon the allegations that one Purna Chandra Chakraborty was the owner of the disputed premises pertaining to holding No. 148 of Kethar Danga Mahalla within Bankura Municipality. He let out the premises to the O.P. plaintiff at a monthly rental of Rs. 45/- payable according to the Bengalee Calendar Month. The O.P. sublet a portion of the premises described in Schedule 'Ka' to the plaint which comprises one room only at a monthly rental of Rs. 20/- payable according to the Bengali Calendar Month, the petitioner/defendant defaulted in payment of rents for the periods mentioned above. It was further alleged that opposite party brought an ejectment suit against the petitioner and during the pendency of the suit the petitioner and his 2 brothers purchase the suit premises from the heirs of Purna Chandra Chakraborty and thus the O.P. became the tenant under the petitioner and his brothers.

(3.) The petitioner/defendant contested the suits by filing written statements in which it was pleaded inter alia that he transferred his tenanted room long before to the heirs of Purna Satya Kinkar and so there was no relationship of landlord and tenant between the parties at the relevant time.