- (1.) This is an appeal by Messrs. Iswar Singh Kripal Singh & Co. from the judgment and order passed in suit by S.C. Ghose, J. on the 26th August, 1970.
(2.) The plaintiff in the suit, The Rajputana Trading Company Limited, filed a suit against Iswar Singh Kripal Singh & Co. It is a landlord and tenant action. In that suit the plaintiff made an application for striking out the defence of the defendant Iswar Singh Kripal Singh & Co. The learned Judge allowed the application and struck off the defence.
(3.) In short facts of the case are as follows: - In 1959 Iswar Singh and Kripal Singh Co., hereinafter referred to as the defendant, was a tenant under the plaintiff in respect of six separate portions of premises No. 12 Armenian Street, Calcutta also known as 10/1 Portuguese Street, Calcutta. It was alleged that each portion admittedly constituted a separate and distinct tenancy. On the 14th September, 1959, joint Receivers were appointed of the entire premises in suit No. 1133 of 1959. The joint Receivers were discharged on the 3rd October 1961 and Mr. T. K. Ghose, Barrister-at-Law was appointed Receiver. It is alleged that the defendant defaulted in payment of rent in respect of all the six tenancies in December, 1961. On the 23rd March, 1962, the defendant made affidavits and also deposits on the ground of refusal in respect of all the six tenancies for the month of December, 1961 with the Rent Controller. These deposits were in favour of the Receiver. It is alleged in the affidavits that they are in respect of all the tenancies. Thereafter, chalans for certain periods from time to time were received by the plaintiff. On the 29th September, 1967, the Receiver was discharged. On the 12th January, 1968, the defendant made fresh affidavits before the Rent Controller and deposits for the month of December, 1967 to the credit of both the plaintiff and the Receiver on the ground of bonafide doubt. Tenancies were also mis-described in these affidavits. On the 8th April, 1968 the plaintiff terminated the tenancies. On the 6th March, 1969, the present suit was instituted. The writ of summons was served on the defendant on the 7th April, 1969 and on the 5th May, 1969, written statement was filed by the defendant. The grounds on which the ejectment was sought was (1) non-payment of rent, (2) sub-letting and (3) construction and re-construction.;