KESORAM PODDAR Vs. BANAMALI DEY

JUDGEMENT

(1.) This is an appeal against a judgment of my learned brother Mr. Justice Pearson dated the 1 February 1926, by which he decreed the plaintiffs claim for rent aggregating to a sum of Rs. 1511-14-0 and for ejectment from premises No. 1, Raja Brojendra Narain Roy Street, against the defendant Kesoram Poddar.

(2.) The facts, shortly stated, are as follows : It appeal's that the property in question is one of several parcels comprised in a lease for 25 years from the 23 July 1919, granted by the Maharajah Sir Manindra Chandra Nundy on the 29 July, 19.19, in favour of three persons who are described as the Kallas. On the 22 December, 1919, there was an assignment of the lease by the then original lessees to the present defendant Kesoram Poddar. The premises in question were busti lands and the defendant Kesoram shortly after the last mentioned date proceeded to divide the said busti lands into two portions, one of which was called the eastern portion and the other the western portion. The eastern portion was let out to two tenants named Kamini Dasi and Benode Behari Ghosh. As regards the western portion to which the present suit relates, it appears that Kesoram retained possession thereof and it is said that he erected thereon a pucca house at considerable expense. On the 7 April, 1923, Kesoram assigned in his turn the said lease dated the 29 July 1919, to one Bhagwandas Kalla. It appears that after the last mentioned assignment of the lease, Kesoram Poddar became a tenant or sub-lessee of the premises comprised in the said original lease. On the 30 September 1923, Bhagwandas Kalla, the last assignee, assigned in his turn, the said lease to the present plaintiffs who became also entitled to the arrears of rents due from the tenants in actual occupation of the lands.

(3.) It appears that at no time from the date when the defendant Kesoram became tenant of the said western portion of No. 1 Raja Brojendra Narain Roy Street, did he pay any rent whatsoever for the same and in this suit the present plaintiffs are seeking to recover from the defendant a sum of Rs. 1511-14-0 being the rent due from the 7 April 1923 up to the end of the Bengali month, Magh 1331. The rent is calculated at the rate of Rs. 68 per month. So far as the claim for rent is concerned, there was and is no dispute and at the trial before Mr. Justice Pearson, the defendant did not resist it.