JUDGMENT :

1. The short question that arises for our consideration is for the arrears which have accrued in favour of the original land-lord, is it open to a successor land-lord to seek eviction under Section 13 (1) of the West Bengal Premises Tenancy Act, 1956?

2. In this case the husband of Smt. Sati Rani Nath filed a suit for eviction. On his death his wife Smt. Sati Rani Nath was brought on record. Pending suit she sold the property in favour of the second plaintiff - Smt. Seema Adhikari. The sale deed stated as follows:

"It is mentioned here that you are entitled and assigned to continue the case brought by me against Amiyo Banerjee being T.S. No. 509 of 1976 in the Court of Second Munsif, Scaldah, West Bengal, being added as a party to the proceeding."

(This is a rough translation of the original deed in Bengali)

3. The suit for eviction ended in a decree which was affirmed by the court of first appeal and further affirmed by the High Court. In attacking these judgments Mr. A.K. Ganguli, learned senior counsel for the appellant would urge on the basis of Ram Tahal Modi v. Ratan Lal, 1989 (1) RCR 178 that there was a cause of action for the original land-lord to sue for eviction