RADHARANI DASI Vs. ANGUR BALA DASI
LAWS(CAL)-1961-6-21
HIGH COURT OF CALCUTTA
Decided on June 12,1961

RADHARANI DASI Appellant
VERSUS
ANGUR BALA DASI Respondents

JUDGEMENT

- (1.) THIS is the plaintiffs' appeal, arising out of a suit for ejectment. The suit was in respect of premises No. 107a, Durga Charan Mitra Street, Calcutta. The plaint alleged service of the requisite notice to quit and, further, that the suit premises was required by the plaintiffs reasonably for their own occupation and that the defendant was also guilty of unauthorized subletting, for which she was disentitled to any protection under the relevant Rent Control Law.
(2.) THE plaintiffs claim to have purchased the suit premises from the previous owner Mohan Lal Johuree alias Dey some time in September 1957. The defendant was the tenant in respect of the suit premises at a monthly rental of Rs. 200/-, per month according to the Bengal calendar. She was the lessee of the entire premises and it was part of the plaintiffs' case that the defendant was residing only in a small or minor portion of the suit premises and had let cat the remaining portion to sub-tenants without the plaintiffs' consent or the consent of the previous owner, for which subletting also,- apart from the plaintiffs' reasonable requirements,- she (the defendant) was liable to forfeit the protection, if any, under the relevant Rent Control Law.
(3.) THE suit was filed in or about January 1958, that is, after the coming into operation of the West Bengal Premises Tenancy Act, 1956. It was clearly, then, a case, governed by the said Act.;


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