GANJEE SAJUN AND CO Vs. LALJI AGARWALA

JUDGEMENT

(1.) This appeal by the defendants arises out of an action in ejectment. It appears that the property in suit was leased out by the predecessors in interest of the plaintiffs to the present defendants by an indenture of lease dated 14-9-1914, for a period of 15 years commencing from 1 Ashar 1321 B, Section with an option of renewal for another period of 10 years. When the lease for 15 years expired the defendants intimated their desire to exercise their option for renewal of the said lease. They were then allowed to continue in possession of the property in suit, and according to the plaintiffs the period of 10 years expired on 1 Ashar 1846 B.S. Thereafter, the plaintiffs served & notice on the defendants asking them to quit and vacate on the ground that the plaintiffs required khas possession of the property in question for their own use. Subsequently in the suit which the plaintiffs instituted they prayed for recovery of possession, also claimed arrears of rent as well as mesne profits or damages.

(2.) The Court of first instance held that the suit for ejectment was on the ground of nonpayment of rent and as such, was not liable to be stayed under the provisions of Section 8, Bengal Non-Agricultural Tenancy (Temporary Provisions) Act, (9 IX of 1940). The Court proceeded with the suit and passed a decree for recovery of the rent in arrears, but dismissed the plaintiff's claim for recovery of possession and mesne profits or damages.

(3.) The lower Appellate Court affirmed the finding of the trial Court on the question of stay of the suit under the provisions of Section 3 of the Act, and the decree for arrears of rent, but reversed the finding so far as it related to ejectment, decreeing the suit for possession. From this decision the present appeal has been preferred.