- (1.) THE petitioner, Ajit Kumar Prosad, is the owner of ,a building at Darjeeling, known as "ajit Mansions" (formerly known as "stephen Mansions" ). There are several flats, godowns and shops in the said building.
(2.) ONE of the flats, bearing No. 23, was let out by the petitioner to one Sri D. Bandyopadhyay, an officer of the Settlement Department, at Darjeeling, at a monthly rent of Rs. 120/ -. Towards the middle of the year 1959, the said Sri D. Bandyopadhyay was transferred from Darjeeling to Coochbehar, and respondent No. 6 Sardar Trilok Singh Broca succeeded him in office. The said Sardar Trilok Singh Broca went into possession of the flat, without any arrangement with the landlord Sardar Trilok Singh Broca has affirmed an affidavit in this Rule and in paragraph 4 of the said affidavit he says as follows: "as my predecessor-in-office left Darjeeling by reason of his transfer to Coochbehar, he vacated the flat and, as there was no other suitable accommodation available, allowed me to occupy the said flat with the hope that I shall be recognised as a tenant under the petitioner in place of my predecessor-in-office. I was tendering the monthly rent of Rs. 120/- to the petitioner's manager through my Revenue Officer and the rent thus tendered was accepted by him till August, 1959. "
(3.) THE petitioner, however, states in paragraph 4 of the petition, that he was receiving rent from Sri D. Bandapadhyay upto August, 1959 and rent receipts were granted in his name. I am not concerned in this Rule in finding out the correctness of either of the two versions but I am inclined to believe that the truth lies midway between the two stories, namely, that the respondent No. 6 after his unauthorised occupation of the flat was tendering rent in the name of D. Bandyopadhyay, whom the petitioner had inducted.;