BIRESWAR BANERJEE AND OTHERS Vs. ON THE DEATH OF RAMESH CHANDRA SENGUPTA, HIS HEIRS ASHUTOSH SENGUPTA AND OTHERS

JUDGEMENT

(1.) - The above Letters Patent Appeal relates to two I parcels of land, Dag No. 1399 and Patta No. 1008 of Tokowbari Part of Gauhati Town, Panbari Mouza, one measures 4 Kathas 16 Lechas and another parcel of land measures 3 Lechas. The two parcels of land were owned by Kunja Behari Banerjee who died in 1941. The executors appointed by the deceased laid suit against the instant defendants or their predecessor in interest being Title Suit No. 8 of 1951 which was compromised on July 22, 1953. A day earlier to the compromise of the suit a lease deed or renewal of lease deed was executed on July 21, 1953 by the tenant which is marked as Ext. 1. Eight years later the lessor terminated the tenancy by notice on March 1, 1961. When the tenant did not deliver possession of the land the instant suit was laid for possession of the land and for arrears of rent.

(2.) The tenants contested the suit, inter-alia, on the ground that notice of termination was not proper. Besides they are protected under section 5 of the Assam Non Agricultural Urban Areas Tenancy Act, 1955, - Act XU of 1955 (the Act) and cannot be evicted from the demised land. Appropriate issues were framed by the trial Court covering inter-alia the questions whether there was a r is-joinder of parties, whether the instant appellants plaintiffs had any title as the land belonged to Kunja Behari Banerjee, whether as legatees of the deceased Banerjee did title vest in them and whether any rent was due by the tenant.

(3.) The trial Court considered the evidence and dismissed the suit. The first appellate Court confirmed the decree. A Single Judge of this Court dismissed the Second Appeal. Now in the Letters Patent Appeal the only question raised is as to applicability of section 5 of the Act XII of 1955. Therefore it is not necessary to set out the details of findings recorded by the lower Courts. The second question argued relates to the incidents of statutory tenant : Whether in law the rights of a statutory tenant are heritable by the successors of the tenant. We may take up the first question.