JUDGMENT

1. Heard learned Counsel for the parties.

2. Sri Rai Mohan Chaudhury and his wife Smt. Jyotsna Chowdhury filed a suit against Smt. Sulata Ghosh for her eviction from premises bearing No. 20-B, Ballygunje, Station Road, Calcutta, on the grounds of default, damage to the premises, their bonafide need and sub-letting to Sri Bireswar Roy Chowdhury without their knowledge and consent. The defendant contested the suit by alleging that there did not exist landlord-tenant relationship between the parties. She also denied the allegations of default, damage to the property and sub-letting. She pleaded that the premises were let out to her husband late Sri Jitendra Nath Ghosh by the erstwhile owner, Sri Janak Nath Sen and after disposal of the suit premises by Sri Sen, her husband became tenant under Sri Dulal Chowdhury and Sri Sunil Chowdhury. She also claimed her brother, Sri Bireswar Roy Chowdhury along with members of his family were residing in suit premises since 1947 and that there was no question of sub-letting.

3. During the pendency of the suit, one of the plaintiffs, namely, Sri Rai Mohan Chowdhury died and his legal representatives were brought on record. Defendant Smt. Sula