- (1.) This appeal arises out of Title Suit No. 352 of 1978 of Munsif, 4th Court, Alipore. The present respondents filed that suit. In that suit they prayed for a decree for ejectment against the present appellants and for mesne profits. They claimed the decree on the ground of expiry of defendant's lease. Their case is mainly this : The defendants were inducted as tenants by Sarajubala Debi, widow of late Basanta Kumar Mukherjee, by virtue of a deed of lease dated 1.7.57 executed between Sarajubala and the present defendants. That was a lease for 21 years. The suit premises being the ground floor flat at the premises No. 11-A, Jogesh Mitra Road was the subject-matter of that lease, which was let out at monthly rent of Rs. 150/-. Kamalabala Debi was the mother of the plaintiff and late Basanta Kumar Mukherjee, the husband of Sarajubala Debi. The entire house being premises No. 11A, Jogesh Mitra Road belonged to Dr. Basanta Kumar Mukherjee who died on 16.8.1949. By the will dated 14.3.30 he bequeathed the entire municipal premises No. 11A Jogesh Mitra Road to his daughter Smt. Kamala Debi, the mother of the plaintiffs. Letter of administration in respect of that will was granted on 11.6.52.
(2.) By and under an arrangement and agreement amongst the daughters of late Basanta Kumar Mukherjee and their mother Sarajubala the mother was entrusted to manage the immovable properties including the suit premises let by Dr. Basanta Kumar Mukherjee and to lease or let out the same or portion thereof and to enjoy the rent and usufruct thereof till her death and to reside in a portion of premises No. 11A, Jogesh Mitra Road, Sarajubala realised rent of the suit premises.
(3.) After Sarajubala's death on 2.12.74 the defendants duly attorned to the plaintiffs and continued in possession of the suit premises in terms embodied in the said deed of lease dated 1.7.57 till the date of expiry of lease on 1.7.78. By a letter dated 16.5.78 the plaintiffs reminded the defendants that the said lease dated 1.7.75 granted in favour of the defendants for a term of 21 years in respect of the ground-floor flat at 11A, Jogesh Mitra Road was going to expire on 1.7.78 and asked them to give vacant possession of the suit premises on the expiry of their lease. As the defendants have not given up vacant possession of the leased out portion the plaintiffs filed this suit for the reliefs claimed.;