Bhaskar Bhattacharya, J. - (1.) This first appeal is at the instance of a plaintiff-landlord in a suit for eviction on the ground of default in payment of rent and subletting and is directed against the judgment and decree dated 6th December, 1978 passed by the learned Judge, 12th Bench, City Civil Court at Calcutta in Ejectment Suit No. 356 of 1973 thereby dismissing the suit.
(2.) The suit was initially filed on the ground of default in payment of rent but subsequently, by way of amendment, the plaintiff alleged that the defendant-tenant had sublet, assigned and/or transferred the suit premises to M/s. Shalimar Works Limited and/or Lodna Colliery Company (1920) in the year 1966 without the consent of the plaintiff.
(3.) The suit was contested by the defendant by filing written statement thereby denying the material allegations made in the plaint and as regards the ground of subletting, it was stated that there was no subletting, assignment or transfer of the suit premises as alleged in the plaint and it was just a case of grant by the defendant company of permissive user and/or licence in favour of one of the companies within her own group of companies. According to the defendant, it happened to be the holding company of Shalimar Works Limited and Mr. Balwant Singh, the then Administrative Officer of the defendant company, in his official capacity as the Chief Executive of the said Shalimar Works Limited, had been in use and occupation of the said flat. According to the defendant, through her nominee-Directors, the defendant had been in charge of the management of the affairs of the Shalimar Works Limited till September, 1972 and during the said period, as a licensee of the defendant company, the said Shalimar Works Limited, in its turn, used to reimburse the defendant company the amount of rent of the said flat.;