ADHIR KUMAR PAUL Vs. ASIT BARAN MONDAL

JUDGEMENT

(1.) THIS revisional application is at the instance of a tenant/defendant in a suit for "eviction and is directed against Order No. 55 dated December 23, 1997 passed by the learned trial Judge thereby disposing of an application under section 17 (2) of the West Bengal Premises Tenancy Act along with an issue as to the existence of relationship of landlord" and tenant between the parties. By order impunged, the learned Trial Judge has held that there exists relationship of landlord and tenant between the parties and that the peritioner is a defaulter in payment of rent

(2.) THE present opposite party claiming to be a transferee landlord filed the aforesaid suit for eviction being Title Suit No. 95 of. 1995 on the grounds of default in payment of rent, causing damage, sub-letting and reasonable requirement.

(3.) THE case made out by the opposite party was that one Onkarnath 2. was the previous owner and landlord of the present petitioner, who died leaving his niece Aparna and nephew Asharam as the sole heirs. The petitioner purchased the suit property initially from Apama by way of a sale deed dated January 7. 1991. According to Aparna, Asharam died bachelor and as such on the death of Asharam. she had inheritted the 8 annas share of Asharam in the suit property and thus became absolute owner. Subsequently, the opposite party came to know that Asharam died leaving his widow Mayarani and three children. Although Aparna did not recognise Mayarani as the widow of Asharam, the opposite party for abundant precaution also purchased the share of Asharam's heirs through mayarani by virtue of a sale deed dated February 21, 1992. By the said sale deed Mayarani far herself and as natural guardian to her three children sold away the entire interest of Asharam for alleged legal necessity. Subsequently, two of the aforesaid three children viz. Siddhartha and Indranil executed a Nabadi deed dated February 2, 1995 which was registered on May 12. 1995 thereby endorsing the sale of their mother.