MESSRS PANNALAL BAKTWARMALL Vs. NARAYANDAS DEORA
LAWS(CAL)-1960-12-22
HIGH COURT OF CALCUTTA
Decided on December 19,1960

Messrs Pannalal Baktwarmall Appellant
VERSUS
Narayandas Deora Respondents

JUDGEMENT

- (1.) Narayandas Deora is admittedly the landlord of premises No. 46, Strand Road, Calcutta. Under him Pannalal Baktwarmall is a tenant in respect of the southern portion of a room and a verandah, to the west of the room, in the second floor of the said premises. Under the tenant Pannalal Baktwarmall again, Mahalchand Shreekishan firm is a sub-tenant in respect of a third portion of the room let to the tenant. Apart from the sub-tenancy, the sub-tenant alleged, he had the right of user of the western verandah, in common with the tenant.
(2.) The contractual rent payable by the tenant Pannalal Baktwarmall was, at the material time Rs. 73 per month. The rent payable by the sub-tenant abovenamed was Rs. 40 per month.
(3.) After the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the Act), had come into operation, the sub-tenant made an application, under Section 16(5) of the Act, for a declaration that the tenant's interest in so much of the premises sub-let shall cease and the sub-tenant shall become a tenant directly under the landlord and also for fixation of the rents respectively payable by the tenant and the sub-tenant. In the application aforementioned both the tenant and the landlord were made parties.;


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