B P KHEMKAP LTD Vs. BIRENDRA KUMAR BHOWMIK

JUDGEMENT

(1.) THIS appeal is at the instance of the defendants and it arises out of a suit for ejectment.

(2.) THE plaintiff's case was that the defendant no. 1 M/s. B. P. Khemka (Pvt.) Ltd. was a tenant in respect of the suit premises at a monthly rental of Rs. 550/- payable according to the english Calendar month. Prior to the present suit, the plaintiff instituted another suit being Title Suit No. 79 of 1963 of the Second Court of the Subordinate Judge at Alipore against the defendant no. 2 B. P. Khemka, on the ground of default in payment of rent. In that suit, the defendant no. 2 denied the relationship of landlord and tenant and alleged that M/s. B. P. Khemka (Pvt.) Ltd. was the tenant in respect of the suit premises. The plaintiff had withdrawn the said suit and instituted the instant suit for ejectment against the said M/s. B. P. Khemka (Pvt.)Ltd. , the defendant no. 1 and also against the said B. P. Khemka, the defendant no. 2, on the ground of default in payment of rent for the months of March 1965 to July 1966, after determining the tenancy of the defendants by a notice to quit dated June 26, 1966.

(3.) THE suit was contested by the defendants by a joint written statement. They denied that they were defaulters in payment of rent, as alleged. They also denied the service of the ejectment notice. It was alleged by them that the defendant no. 1 was the sole tenant, and that there was no relationship of landlord and tenant between the plaintiff and the defendant no. 2.