RANJIT KUMAR DUTTA Vs. TAPAN KUMAR SHAW

JUDGEMENT

(1.) This appeal has been assigned to me by the Hon'ble, The Chief Justice on difference of opinions of the Hon'ble Mr. Justice Babu Lall Jain and the Hon'ble Mr. Justice Sidheshwar Narayan.

(2.) The following two questions were raised by the tenant/appellant in this appeal -(i) Whether the lease, as per registered deed dated 8th of October, 1956 for an initial period of 15 years commencing from 1st of October, 1956 to 30th of September, 1971 fell short of 15 years so as to be governed by the West Bengal Premises Tenancy Act, 1956 and to entitle the tenantappellant to the benefits secured under the said Act?(ii) Whether the said lease would be deemed to have expired by efflux of time on the expiry of the initial period of 15 years in the year 1971 as the lease was not renewed by virtue of a registered deed and as such the defendant-appellants' continuing in possession of the demised premises thereafter and paying the rent would be deemed to be holding over the same under S. 116 of the Transfer of Property Act, and accordingly the tenancy would be governed under the provisions of West Bengal Premises Tenancy Act, 1956?

(3.) Before finding out answers to the questions raised in this appeal it would be desirable to know the facts of the case which are as follows :-A registered deed of lease dated 8th of October, 1956 was executed between plaintiff No. 1 and the defendant and by and under the said deed the defendant was holding as a lessee in respect of one room, privy and bath room in the ground floor. The lease was initially for 15 years commencing from 1st October, 1956 and terminating on 30-1171 at a monthly rent of Rs. 700/- payable according to English Calender with an option, on the part of the lessee to renew the same for a further period of 15 years. The lease also provided inter alia that if the lessee shall be desirous of having the lease hereby granted renewed for a further period of 15 years, the lessee shall at least three calender months before the expiration of the term thereby granted, give the lessor in writing notice of his intention to make such renewed lease and the lessor shall be bound to renew the same at the lessee's cost.