R.S.BACHAWAT, SINHA, P.N.MUKHERJEE
V. R. VERMA – Appellant
Versus
MOHAN KUMAR MUKHERJEE – Respondent
( 1 ) THIS reference raises the question, whether the land lord is required to serve notices, under Section 106 of the Transfer of Property Act and Section 13 (6) of the West Bengal Premises Tenancy Act, 1956, on a sub-tenant who has become a direct, tenant by an order under Section 16 (3) of the West Bengal Premises Tenancy Act, 1956 during; the pendency of a suit for ejectment against, him and the former tenant and whether the landlord is entitled to maintain the suit in the absence of such notices. Opposite Party No. 2, Labh Singh was a monthly tenant of suite No. 2 at 7 Clyde Row under opposite party No. 1, Mohon Kumar Mukherjee. Petitioner V. R. Verma, was a monthly, sub-tenant of the aforesaid suite No. 2 under Labh Singh. M. K. Mukherjee alleges that, on or about March 21, 1956, he served on Labh Singh one month's notice to quit the premises expiring with the month of the tenancy. On or about, April 29, 1956 V. R. Verma, gave, notice of the sub-letting to M. K. Mukherjee under Section 16 (2) of the Act. On May 25, 1956 M. K. Mukherjee instituted ejectment suit No. 876 of 1956 in the Court of Small Causes, Calcutta impleading both Labh Singh and V. R. Verm
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