- (1.) No question of any substance, particularly on law, is raised by the appellants in seeking to challenge an appellate judgment and decree confirming a decree of eviction.
(2.) The essential facts must first be noticed. It is not in dispute that the tenancy was originally created in favour of one K.C. Jain in the year 1976. K.C. Jain died in the year 2000, prior to the West Bengal Premises Tenancy Act, 1997 coming into operation. K.C. Jain was survived at the time of his death by wife Sushila and his three sons who are the appellants herein. He had also three daughters, Puspa, Rekha and Asha, who were married and the evidence shows that they stayed at their individual matrimonial homes and did not reside with K.C. Jain at the time of the original tenant's death.
(3.) The rent or occupation charges for the decretal premises was last increased some time in 2008. The consolidated rent charged was Rs.6815/- per month. There is no dispute on this score and the concurrent findings of the courts below do not permit the factual position to be reopened. However, the appellants seek to assert that the rent component comprised the municipal rates and taxes paid to the Corporation; the contention is that such amount as goes on account of municipal rates and taxes has to be deducted from the quantum of rent to arrive at a figure which would conform to the threshold of rent for the purpose of the Act of 1997.;