- (1.) The facts of the case, briefly, are as follows: The plaintiff/respondent filed a suit being Title Suit No. 769 of 1996 against the defendant/appellant praying, inter alia, for a decree for possession of the suit premises by ejecting the defendant therefrom, damages and/or mesne profits etc. The said suit was placed before the learned Civil Judge (Junior Division) 2nd Court, Sealdah. The suit property as described in the plaint is 18 cottas of land situate at 77B, or 77/A or 77/1 Christopher Road, Calcutta- 700046, having thereon originally one tin-shed or mud-shed godown converted into pucca shed or sheds along with the raising of a twostoried pucca structure consisting of several rooms. The case of the plaintiff was that one Dr. Shyama Charan Mitra was the owner of half of the premises No.77, Christopher Road, Calcutta-700046 and on and from 01.10.1954 he leased out his portion of the said premises to one Aaron Morris for 30 years with the option of renewal for a further period of 20 years and the said Aaron Morris died on September 21, 1969 leaving behind his son Harry Morris and the leasehold property vested in Harry Morris. The plaintiff further stated in the plaint that in September 1973, the said Harry Morris let out 18 cottas of leasehold land with kutchha and temporary one-storied structure surrounded by brick-build walls to M/s. Capital Rubber Works at a certain monthly rent and the said Capital Rubber Works subsequently promoted the defendant company which is now in wrongful occupation of the suit property. The plaintiff s case is that the said Harry Morris did not exercise the said option for extension or renewal of the lease before or after the expiry of the lease but he continued to occupy the leasehold with his tenant or tenants. The plaintiff s further case is that on or about 21.05.1987 the said Dr. Shyama Charan Mitra by a registered deed sold and conveyed out of his portion of the said premises No.77, Christopher Road, Kolkata 700046, land measuring about 2 bighas 10 cottas, 7 chittacks and 27 sft. with structures thereon along with tenant or tenants to the plaintiff. The plaintiff duly mutated its name in the records of the Calcutta Municipal Corporation and it has been re-numbered as 77B, Christopher Road, Kolkata 700046. The plaintiff has also pleaded that the said Dr. Shyama Charan Mitra also transferred and/or sold his remaining portion of the said premises No.77, Christopher Road, Kolkata-700046 to one Industrial Powders Manufacturing Syndicate and the said plot has been numbered as 77A, Christopher Road, Kolkata-7000046. It is the plaintiff s case that the said Harry Morris surrendered his tenanted land with structures thereon to the said Dr. Shyama Charan Mitra who informed the plaintiff. The plaintiff has alleged that the said Harry Morris had informed the defendant that he had transferred his right to the tenancy to M/s. Eastern Chemical Industries and requested the defendant to pay rent to the said M/s. Eastern Chemical Industries. The plaintiff has further alleged that the plaintiff was surprised to find that the tenanted land was converted by the defendant in the meantime to a pucca shed or sheds along with the raising of a two storied brick built building with several rooms therein. It is the plaintiff s case that the defendant illegally deposited the rent with the learned Rent Controller, Calcutta for the month of April, 1988 to the credit of the executors and trustees to the estate of late Arron Morris. It is the plaintiff s case that Dr. Shyma Charan Mitra by a letter dated 28.06.1988 had informed the defendant that the portion of the premises No. 77, Christopher Road, Calcutta which fell in his share and conveyed to the plaintiffs, the defendant was and is in occupation of the same as a tenant in respect of a part thereof and requested the defendant to pay rent with all arrears since May, 1987 to the plaintiff and attorn its tenancy in favour of the plaintiff. According to the plaintiff, the defendant had neither paid rent nor attorned its tenancy nor surrendered the same to the plaintiff. The plaintiff s further allegation was that the defendant has caused substantial changes in the character of the suit premises and caused demolition of existing kutchha and other onestoried temporary structures in respect of which the defendant was inducted as a sub-tenant and had built in place thereof pucca sheds with brick walls, iron structures and concrete beam along with two storied brick built building with several rooms therein without the knowledge and consent of the then landlord as also the plaintiff and as such the defendant is guilty of violation of the provisions of (M), (O), and (P) to Section 108 of the Transfer of Property Act.
(2.) The plaintiff has also pleaded in the plaint, by way of amendment, that the plaintiff reasonably requires the suit premises for its own use and occupation and the plaintiff has mutated its name with the Calcutta Municipal Corporation and on mutation the said Corporation has given the premises number as 77B, Christopher Road, wherein the defendant s tenancy is continuing. According to the plaintiff, the defendant did not have any tenancy at 77A, Christopher Road and the plaintiff has alleged that Ravi and Shashi, after completing their education, became partners of the plaintiff firm and, accordingly, the partnership has been reconstituted and there are as many as six partners in the plaintiff firm. The plaintiff has stated that the plaintiff has decided to expand the present business in manufacturing goods and new machineries are lying idle and uninstalled since there is no sufficient space for installation in the present existing shed. The plaintiff has also alleged that the plaintiff intends to start three plants and one office room with Latrine and toilet and as such the suit premises is reasonably required by the plaintiff and the plaintiff has no other reasonably suitable alternative accommodation. The plaintiff has also pleaded that a notice to quit dated 10th June, 1996 was served upon the defendant but the defendant has neither replied to the said notice nor vacated the suit premises and hence the said suit. The defendant contested the said suit by filing a written statement denying the material allegations made in the plaint. The defendant has disputed the alleged ownership of the plaintiff and the plaintiff was put to strict proof thereof. The defendant has alleged that the defendant prior to the functioning of its works made necessary construction in accordance with the terms of agreement.
(3.) The defendant has also alleged that neither the plaintiff nor Harry Morris ever intimated the defendant to attorn the tenancy to the plaintiff. The defendant has pleaded in the additional written statement that the defendant was inducted by erstwhile owner/landlord at premises No.77A, Christopher Road. The defendant had denied the allegation that the plaintiff is the owner of the suit property by purchase. The defendant has alleged that there are several spaces still vacant at 77, Christopher Road, Calcutta and there is no dearth of space. The defendant has pleaded that he has been inducted by the erstwhile owner and continuing business therein on payment of the monthly rent. According to the defendant, during the continuance of the suit the plaintiff has rented out of a portion of 77, Christopher Road which is alleged to be 77B, Christopher Road to one M/s. Safrroy and the question of expansion is also a myth.;