- (1.) THESE two appeals were heard one after the other as the learned Trial Judge had disposed of the two suits out of which these appeals arise by delivering a common judgment.
(2.) THE predecessor-in-interest of the appellant before us filed a suit being ejectment Suit No. 182 of 1990 in the City Civil Court at Calcutta against sankar Lal Singhania and four others, describing them to be the heirs and legal representatives of one Radha Kishan Agarwala, since deceased, for eviction on the ground of default in payment of rent from January, 1988 and for subletting to one Moni Debi after the promulgation of the West Bengal premises Tenancy Act, 1956 without the previous consent of the plaintiff in writing.
(3.) THE case made out in the plaint of the said suit was that the plaintiff was the owner of the suit property and Radha Kishan Agarwala was tenant in respect of one flat in the first floor at a monthly rental of Rs. 135/- (exclusive of pump service charges of Rs. 20/- and proportioned corporation water-taxes) payable according to English calendar. According to the plaintiff, the said Radha Kishan Agarwala died leaving the defendants, the defendant nos. 1 to 4 being his sons and the defendant No. 5 being his widow. In the said suit, Moni Debi, the alleged subtenant, was not made party. The said moni Debi, the widow of one Chimanlal Agarwala, and her two children filed an application for being added as defendants in the said proceeding on the allegation that the Chimanlal Agarwala, their predecessor, was the real tenant and after his death, they were occupying the property as such. But the learned Trial Judge dismissed such application for addition of parties.;