R S AGHA Vs. SK AINUL HOQ

JUDGEMENT

(1.) On the grounds of default and subletting, the plaintiff filed the suit for ejectment against the principal defendant, Mrs. R. S. Agha. Her brother, Shri S. Mukherjee was made a proforma defendant. The allegation of the plaintiff was that the defendant was a habitual defaulter and had not paid any rent since the month of March, 1972. The other allegation was that after the West Bengal Premises Tenancy Act came into force, the defendant sublet and/or transferred and/or assigned the entire suite No. 2 to the proforma defendant, the said Samir Mukherjee. Then there was usual averment regarding the valid service of notice under Section 13(6) of the West Bengal Premises Tenancy Act.

(2.) The defendants filed separate written statements. The defendant No. 1 denied that she was defaulter or that she had sublet. In paragraph 10 of the written statement of the defendant No. 1, it was made out that the defendant had been living with her parents, brother and sisters jointly and in the same mess since the creation of the tenancy in 1965. But, according to the defendant No. 1, she had to go temporarily out of India, leaving her old father and her old mother under the care of the eldest member of the family, Mrs. Mina Chatterjee, a sister. The proforma defendant No. 2 supported the case of the defendant No. 1.

(3.) The parties went to trial with such pleadings. The Learned Trial Court decided the point of default against the plaintiff. But so far as the point of subletting was concerned, the decision of the Learned Trial Court was that the requirements of Section 13(1) (a) of the West Bengal Premises Tenancy Act were fulfilled.