GOPAL DAS BAHETI Vs. SAILENDRA CHANDRA DEY

JUDGEMENT

(1.) By an order dated 9th April, 1999, the application for addition of parties was allowed by us and therefore the heirs and legal representatives of the deceased as mentioned in the said application for addition of parties be brought on record. The memorandum of appeal be amended accordingly.

(2.) This appeal is directed against the judgment and decree passed by Sri M. Roy, Judge, 7th Bench of the City Civil Court at Calcutta on 14th July, 1992 in T.S. No. 210 of 1980. By the aforesaid judgment and decree, the trial court decreed the suit of the plaintiffs/respondents for eviction of the appellant from Premises No. 18C, Mothur Sen Garden Lane, Calcutta 6 Police Station-Jora Bagan (herein after referred to as the "decretal premises") on the ground of expiry of lease. The facts leading to the filing of this appeal are stated in the following manner :-

(3.) In the year 1958, the defendants in the original suit were inducted as lessees in respect of the decretal premises by a registered lease for a period of 21 years which was from July, 1958 to June 30, 1979 at a rental of Rs. 160 per month payable according to English Calendar Month. In or about the year 1960, a suit being suit No. 1673 of 1973 (Smt. Bidyut Lata Dey v. Sailendra Chandra Dey) was filed between the heirs and legal representatives of Brajendra Chandra Dey (deceased) in the Original Side of this court for partition and administration of the property left by the deceased Brajendra Chandra Dey. In the said suit, a final decree was passed in the month of April, 1979. In terms of the final decree the decretal premises had devolved upon the plaintiff of the present ejectment suit and he thereby became the absolute owner of the decretal premises. The rent of the premises remained unpaid for a considerable period and, in the year 1979 the said lease expired. Accordingly, the suit was filed for eviction of the defendants inter alia on the ground of expiry of lease and for mesne profits from the date of expiry of lease till possession was delivered. The suit was decreed by the trial court. It directed the defendats/appellants to deliver possession of the decretal premises in favour of the plaintiffs/respondents by holding that on the expiry of lease, the defendants/appellants were not entitled to remain in possession of the same.