GANESHI LAL SHARMA Vs. SMSNEHALATA DASSI W/O PROFULLA KRISHNA GHOSH

JUDGEMENT

(1.) This appeal is on behalf of the defendant, and it arises out of a suit commenced by the plaintiff for recovery of khas possession of the land in suit on the allegation that the defendant was a tenant in respect of the same for a period of 4 years and that the term of the tenancy expired on 31-5-1943.

(2.) The disputed property is a plot of land measuring 12 cottas and 1 chittak which is the southern portion of a 18 cotta plot situated at Ramesh Mitter Road, Bhowanipore, and belonged admittedly to one. Jibon Krishna Ghosh. After the death of Jiban, it devolved upon his two sons, - Prafulla and Jnanendra - and Jnanendra having subsequently transferred his share to Prafulla, the latter became the sole owner of the property. There was originally one Kshetra Nath Banerjee in possession of the land as a tenant, under the proprietors, but he having vacated the land, the present defendant took lease of the property from Prafulla at a rental of Rs. 80 per month for a period of 4 years beginning from June, 1939, and ending with May,. 1943. The indenture of lease is dated 13-7-1939, and it provides inter alia that on the expiry of the term, it would be open to the lessor to take khas possession of the property or to grant fresh lease to the lessee himself at an enhanced rent, and in case he wanted to take khas possession of the property or let it out to a third party, he would be bound to give two months notice to the tenant before the expiry of the lease.

(3.) On 4 August 1940, Prafulla executed a deed of declaration of trust whereby his wife, the present plaintiff, was constituted a trustee for a certain period and for certain purposes in respect to this property as well as certain other properties of the settlor. The plaintiff as trustee served a notice on the defendant on 17 March 1943, asking him to vacate the land on the expiry of the term on 3l May, following. As the defendant did not quit the land, the present suit was instituted on 18 June 1943. The plaintiff prayed for khas possession of the property and also for damages or mesne profits, both before and after the suit - which were claimed at the rate of Rs. 4 per diem from 1 June 1943.