ABHOY SINGH SURANA Vs. W EVANS AND CO LTD
HIGH COURT OF CALCUTTA
ABHOY SINGH SURANA
W. EVANS AND CO. LTD.
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Sharma, J. -
(1.) This appeal by Abhoy Singh Surana and others is directed against the judgment and decree passed by the learned Chief Judge, City Civil Court, the 18th day of January, 1979, in Ejectment Suit No. 237 of 1974. The learned Chief Judge having tried the suit dismised the same on contest with costs.
(2.) Being aggrieved, the plaintiffs have come up before this Court in appeal. The plaintiff's case may be stated in short.
(3.) The plaintiffs are the owners of the Premises No. 3 Mangoe Lane, Calcutta, and the defendant No. 1 is a monthly tenant under the plaintiff's in respect of the suit premises comprising of one godown on the ground floor. The defendant No, 1 has without the knowledge and/or consent of the plaintiffs, illegally transferred and/or sub-let the suit premises to the defendant No. 2, after the commencement of the West Bengal Premises Tenancy Act, 1956. The defendant made additions and alterations of permanent character by making construction and structural alteration etc. and thereby committed acts contrary to the provisions of Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act, causing material deterioration of the suit premises. The plaintiffs protested against such action but without any avail. The plaintiffs prayed that on the ground of sub-letting and causing unauthorised construction or alteration the defendants Nos. 1 and 2 were liable to be evicted from the suit premises. The plaintiffs further pleaded that they had duly issued notice under Section 13 (6) of the W.B.P.T. Act but the defendants did not comply with the same.;
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