G.N.RAY, J. - (1.)This appeal is directed against the judgment and decree passed by the learned Chief Judge, City Civil Court, Calcutta in Ejectment Suit No. 885 of 1976. The defendant is the appellant in the instant appeal and the said suit was instituted by the plaintiff respondent for eviction of the defendant from the disputed premises in question on the ground of subletting and also on the ground of default. Prior to the institution of the suit, the tenancy of the defendant was determined by a notice to quit.
(2.)It is the case of the plaintiff-respondent that the defendant is a public limited company constituted and incorporated under the Companies Act and previously, one Sri Rabindra Kumar Kapur was a tenant under the plaintiff in respect of Flat No. 14, on the first floor of the premises No. 42B, Shakespeare Sarani (previously known as Theatre Road). The said Kapur was an employee of Associated Battery Makers (Eastern) Limited and was a tenant at a monthly rent of Rs. 700/- payable according to English Calendar month. The said Associated Battery Makers (Eastern) Limited Co. was subsequently changed as Chloride India Limited. The tenancy in the name of Rabindra Kapur was transferred in the name of the defendant company by an agreement between the parties and the rent was fixed at Rs. 800/- per month payable according to English Calendar Month and other terms and conditions which had existed between Rabindra Kapur and the plaintiff remained unchanged when the tenancy was transferred in the name of the defendant company. The plaintiff has further contended that the defendant had sublet the said premises to one Mr. A. M. Khan, Manager of Sonali Bank of Bangladesh and as such, the tenancy was liable to be terminated. It is also the case of the plaintiff that if the defendant had defaulted in payment of rent in respect of the premises in question, the tenancy was liable to be terminated. The said suit was contested by the defendant company by filing a written statement inter alia, denying the allegations made in the plaint. The company admitted that it was a tenant under the plaintiff and had also acknowledged the receipt of the notice determining the tenancy but disputed the legality and validity of the same. The defendant company contended that it had not sublet or transferred to any person and had not defaulted in payment of rent. It was contended that as the plaintiff refused to accept the rent, the defendant had deposited the rent for the months of June and July 1975 with statutory interest under S.17(1) of the West Bengal Premises Tenancy Act and thereafter had deposited the current rents, month by month.
(3.)An employee of the plaintiff firm was examined on behalf of the plaintiff and the said witness had stated that the defendant had sublet the suit premises to one Mr. A. M. Khan, Manager, Sonali Bank of Bangladesh, without the prior written consent of the plaintiff. It was stated by the said witness that the plaintiff had come to know about the said unauthorised subletting from a letter written by Shalimar Apartment Managing Committee to the defendant company, a copy whereof was also forwarded to the plaintiff. The said letter is exhibit 11 and it appears from the said letter that Mr. A. M. Khan, Manager Sonali Bank of Bangladesh was the occupant of the disputed flat No. 14 and although he had vacated the said flat, he had not paid the electricity bill which remained outstanding. The said witness had further stated that on enquiry it was ascertained that Mr. A. M. Khan occupied the said flat from June 1974 to Jan. 1975. The Assistant Manager of Legal Affairs of the defendant company was examined and the said witness had stated in his cross examination that the flat had not been sublet to the plaintiff and the said Mr. A. M. Khan had been in occupation purely on temporary basis from June 1974 to Jan., 1975. But in cross examination he said that the defendant company had been realising a sum of Rs. 1200/- or 1250/- per month from the said Khan but could not depose with reference to the records as to whether said amount had been realised by way of rent. It, however, appears from the copy of the entries from the account of Sonali Bank that the rent had been paid regularly by the said bank at the rate of Rs. 1250/- per month and the said copy is exhibit 10.