- (1.) This is directed against judgment and decree dated 30 th March, 1992 passed by learned Assistant District Judge, Second Court, Howrah in Title Appeal No.107 of 1989 reversing the judgment and decree dated 15 th April, 1989 passed by learned Munsif, First Court, Howrah in Title Suit No.297 of 1997.
(2.) One Lalit Mohan Bose, the predecessor-in-interest of respondent Nos. 1 to 5 filed said suit for eviction alleging that M/s. K. C. Nath and Company (defendant No.1) through his proprietor Krishna Chandra Nath (defendant No.2) was the monthly tenant under the plaintiff in respect of the suit premises comprising of three rooms at a rental of Rs.80/- per month payable according to English calendar month. The tenant defendant No.1 Company defaulted in payment of rent since July, 1976. Though the defendant No.1 Company was permitted to run business in the suit premises setting up only two turning machines but in violation of the agreement nine said machines were set up causing nuisance as well as damage to the suit property. The suit premises was also sublet to defendant No.3 (A. T. Nath alias Ausotosh Nath) without previous knowledge and written consent of the landlord. The plaintiff terminated tenancy of the defendant tenant in the suit premises by notice dated 7 th July, 1997 which was duly received by K. C. Nath as proprietor of defendant No.1 Company. As the suit premises was not vacated, the suit for eviction was filed on the grounds of default, nuisance and annoyance, damages as well as for subletting.
(3.) The defendant No.3 Ausotosh Nath was permitted to be added as a party. He filed a written statement denying material allegations of the plaint and contending inter alia that he as proprietor of the defendant No.1 Company was first inducted in the suit premises in one room at a rental of Rs.20/- per month and thereafter all three rooms of the suit premises were taken at a monthly rent of Rs.55/- per month from August, 1956 and thereafter on mutual agreement his cousin brother K. C. Nath started to run said business.;