RAMESH CHANDRA DAS Vs. ATUL CHANDRA SARKAR

JUDGEMENT

(1.) THIS is plaintiff's appeal arising out of a suit for ejectment. The suit land, according to the plaintiff, originally belonged to Khatija Bibi who has been impleaded as pro forma defendant No. 1 in the suit and Nejifar Rashman - -her husband who has been impleaded as pro forma defendant No. 2. The husband used to manage the land for her. On the 20th -December, 1944, the defendant No. 1 sold the suit land to the plaintiff under a registered sale deed and she delivered possession. The principal defendant Atul Sarkar took the land from the proforma defendants under a lease dated 18th March, 1941 for 10 years at a monthly rental of Rs. 2/8/ -. The rent was to be payable within the 1st week of the next month. The lease began from March, 1942.

(2.) THE suit was brought on the 22nd April, 1952. The defence taken was that the notice was not proper and valid and was not properly served on him and that the defendant was entitled under the terms of the earlier lease to get the renewal of the lease in his favour. He cannot thus be ejected from the land as he has already expressed his option to take the land on lease for a fresh period of 10 years. The Munsiff held in favour of the defendant on both the grounds.

(3.) THE main contention raised by the appellant is that after the efflux of time under the provisions of the Transfer of Property Act, the defendant was liable to be evicted and unless the defendant can take the benefit of Section 53A of the Transfer of Property Act, the express provisions of the Transfer of Property Act cannot be ignored and the suit for ejectment cannot be defeated.