Tapan Mukherjee, J. - (1.) This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the ld. First Appellate Court in Title Appeal No. 56 of 2000 affirming judgment and decree passed by ld. Trial Court in T.S. No. 62 of 1996 dismissing the suit.
(2.) The plaintiff brought the suit against the original defendant, a monthly tenant on the ground of transferring the tenanted premises to the present defendant company Kingslay Industries Limited by the erstwhile defendant company Kingslay Corporation Private Limited without express consent in writing of the plaintiff. It is the case of the plaintiff by virtue of a scheme of amalgamation the erstwhile defendant company being Kingslay Corporation Private Limited transferred all the properties, rights and interest including the tenancy right in respect of the suit premises to the defendant No. 2 company Kingslay Industries Limited by the order of the Hon'ble High Court dated 8.5.95 in company Petition No. 39 of 1995 connected with company application being No. 289 of 1994. The said transfer is also in violation of the provision under section 13(1)(a) of the West Bengal Premises Tenancy Act 1956 and as such the defendant is liable to be evicted from the tenanted premises. The notice of the plaintiff for evicting the suit premises fell on deaf ears of the defendant and hence this suit for ejectment and damages was filed.
(3.) The original defendant No. 2 i.e., the transferee contested the suit contending that original defendant company has got no existence at all consequent upon the scheme of amalgamation approved by the Hon'ble High Court and all the right, title and interest of the outgoing company stood vested with present defendant. The defendant has taken away all the liabilities of the said company. The question of subletting, assigning or transfer is absolute a myth and question of violation of the provision under section 13(1)(a) of the West Bengal Premises Tenancy Act does not arise. The present defendant is now the monthly tenant in place and instead of Extinct Company. The notice is illegal.;