SUBODH CHAND MITTER Vs. BHAGWANDAS SHA

JUDGEMENT

(1.) This appeal arises out of a suit for ejectment. The original plaintiff, Subodh Chand Mitter was the Receiver in charge of a debutter estate, under a scheme of management framed by this Court in Suit No. 258 of 1886. The property now in dispute belongs to that debutter estate. It was formerly known as 124 Cornwallis Street but is now described as 43/4 Baghbazar Street. Prior to 1933, one Prasadi Saha was in possession of the land as a monthly tenant. The Receiver obtained a decree against the said Prasadi Saha for arrears of rent. In execution of that decree, the structures on the land were put to sale and were purchased by the original defendant, Bhagwandas Saha.

(2.) Thereafter Bhagwandas Saha entered into negotiations with the Receiver for a lease, and was put in possession of the property. He erected substantial structures on the property under the encouragement and with the active assistance of the Receiver.

(3.) Then in the year 1940, the Receiver Subodh Chand Mitter instituted the present suit for ejectment and for recovery of arrears of rent. The suit was contested. The suit was heard by Gentle J. and was dismissed with costs.