SUMITRA DEVIS Vs. PARBATI DEVI

JUDGEMENT

(1.) -The defendants are the appellants. They have lost in both the Courts below.

(2.) The plaintiff-respondent filed Title Suit No. 62 of 1979 before the Subordinate Judge, Depghar, for eviction of the defendant appellants from the suit premises detailed in the schedule to the plaint, as well as for recovery of arrears of rent. The suit was decreed. The defendants preferred an appeal, which was dismissed by the 2nd Additional District Judge, Deoghar, and thereafter this appeal has been preferred. At the time of admission of this appeal, the following substantial question of law was framed :

(3.) According to the plaintiff, she was born and brought up at Madhupur and after her marriage, she was living at Calcutta, where her husband was a railway employee. On 30-6-1978. she purchased the suit house at Madhupur from one D. N. Kundu, who had inducted Rameshwar Prasad Burman, the original defendant No. 1 as a tenant therein at the rental of Rs. 21/-per month. The tenant-defendant attorned the plaintiff as his landlady and started paying rent from July, 1978 and paid upto October, 1978. Thereafter, the payment of rent was stopped. For sometime past, the climate of Calcutta did not suit her and as such she felt the requirement of the suit premises at Madhupur, which was famous as health report, for her personal use and occupation. The plainiff further alleged that the tenant-defendant No. 1, namely Rameshwar Prasad Burman has sub-let front veranda of the suit premises to his brother Lakshmi Narain Burman, defendant No. 2 without her consent.