B.P. Banerjee, J. - (1.) This first appeal is at the instance of the tenant defendant in a suit for eviction from shop room No. 11 on the ground floor of Premises No. 109, Netaji Sub-has Road, Calcutta, on the ground of subletting, assignment and or transfer of the suit room without the consent of the plaintiff landlord. On 22nd May, 1979 the learned Judge, 4th Bench, City Civil Court, Calcutta had decreed the Ejectment Suit No. 908 of 1977 in favour of the plaintiff.
(2.) The defendant appellant had been a monthly tenant of the suit premises at a rent of Rs. 90j- per month according to English calender. The appellant no longer disputes that the plaintiff landlord had duly served upon him a notice of suit under section 13 (6) of the West Bengal Premises Tenancy Act. In his plaint the plaintiff did not mention the name., of the person to whom the premises had been allegedly transferred and or sublet. The defendant in his written statement also made a general denial of the said allegation.
(3.) At the trial, it was proved that in the year 1976 one Jagadish Chandra Das had started his business, J.C. Das & Co., at the suit premises being No. 109, Netaji Subhas Road. Only after filing of the aforesaid ejectment suit, Jagadish Chandra Das had shifted his said business to 66, Pathuria Ghat Street. Jagadish Chandra Das was a brother's son of the defendant. The moot point for decision was whether the defendant had sublet, assigned or transferred the suit rooms to Jagadish or Jagadish was a mere licensee.;