MANAS KUMAR CHATTERJEE Vs. PRATIBHA SAHA

JUDGEMENT

(1.) 1. Smt. Pratibha Saha filed Eviction Title Suit No. 103 of 1981 against Sanat Kumar Mukherjee, under the provisions of Bihar . Buildings (Lease, Rent and Eviction) Control Act, 1977, for eviction from the suit premises, bearing holding no. 1538, Ward no. 11/8 in Ranchi town on the ground of default in payment of rent. 2. Sanat Kumar Mukherjee neither appeared, nor filed written statement, nor contested the suit. 3. One Manas Kumar Chatterjee intervened in the suit and was added as defendant no. 2, who, according to plaintiff was a sub -tenant in the suit premises. 4. The intervenor defendant no. 2 subsequently filed written statement and contested the case claiming himself to be a tenant and alleging that it was a collusive suit filed against Sanat Kumar Mukherjee, who was not the tenant. In his written statement defendant no. 2 asserted to have been paying rent to the landlady through her husband, Pramod Kumar Saha some times hand to hand as and when he used to come to Ranchi from Calcutta to collect rent and some times by money order. 5. Inspite of aforesaid contention of defendant no. 2, plaintiff neither amended the plaint nor claimed any relief against defendant no. 2 treating him as tenant and continued with the suit on the basis of averment made in the plaint. 6. Trial court dismissed the suit holding that there was relationship of landlord and tenant between the plaintiff and defendant no. 2, who was not a sub -lessee in the suit.