Chittatosh Mookerjee, J. - (1.) In the year 3959, D. R. Punjab Montgomery Transport Co. was inducted as a tenant under Raghuvanshi Pvt. Ltd. at a monthly rent of Rs. 1152/- in respect of five rooms situated in the ground floor of 17, Kashinath Mallick Lane, P. S. Jorasanko, Calcutta. According to the plaintiff-appellants, at the relevant lime Sardar Mohindar Singh (since deceased) and his mother were partners of the said firm D. R. Punjab Montgomery Transport Co. Raghuvanshi Pvt. Ltd., the defendant respondent No. 1, had instituted suit No. 1526 of 1964 against the said firm, D. R. Punjab Montogomery Transport Co., in the High Court at Calcutta for eviction on the ground of default in payment of rent. The said suit was decreed on compromise under which, inter alia, the monthly rent was raised to Rs. 1210/- per month and the said tenant was required to pay the arrears in instalments. In 1967 the then landlord had brought another ejectment suit being Suit No. 1293 of 1967 against the firm, D. R. Punjab Montogomery Transport Co. The same was also settled.
(2.) On 10th April, 1968, Raghuvanshi Pvt. Ltd. again brought Suit No. 915 of 1968 against D. R. Punjab Montogomery Transport Co. in the High Court at Calcutta for ejectment and mesne profits. On 31st July, 1969 said Raghuvanshi Pvt. Ltd. had assigned its interest in Premises No. 17, Kashinath Mallick Lane, Calcutta in favour of the present respondents 2 to 13. The said respondents 2 to 13 were thereupon added as plaintiffs in Suit No. 915 of 1968.
(3.) On 22nd Sept., 1970 A. N. Sen, J. (as he then was) ex parte decreed the Suit No. 915 of 1968. After the prayer made on behalf of the defendant, D. R. Punjab Montogomery Transport Co., for adjournment was refused and the attorney for the defendant having retired from the case, the learned Judge ex parte decreed the suit and ordered that the defendant do deliver up to the plaintiffs 2 to 13 (present respondents 2 to 13) vacant possession of five rooms in the ground floor of Premises No. 17, Kashinath Mallick Lane. The learned Judge further passed a decree for a sum of Rs. 8470/- as arrear rent and also for mesne profits in respect of the said rooms at the rate of Rs. 40/50 p. per day commencing from 1st day of April, 1968.;