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1962 Supreme(Cal) 147

BIJAYESH MUKHERJI
PRATIVA PAL ALIAS PRATIVA RANI PAL – Appellant
Versus
JANHABI CHARAN CHATTERJEE ALIAS J. C. CHATTERJEE – Respondent


Advocates Appeared:
ASOKE CHANDRA SEN, Monohar Saha, RANJIT KUMAR BANERJEE, SALIL KUMAR BANERJI

BIJAYESH MUKHERJI, J.

( 1 ) THE judgment I render now governs two second appeals 67 and 68 of 1957 -- each by a tenant defendant arising out of actions in ejectment instituted in the Small Cause Court, Calcutta on December 22, 1954 concerning parts of 134/3a Cornwallis Street on the ground floor.

( 2 ) IN 67', the appellant is Prativa Pal who, it is said, was the tenant of a shop room on a rent of Rs. 35/-a month payable according to the English calendar month. In 68', the appellant is Prativa's father, Girish Chandra Ghosh, who, it is said, held the adjacent shop room in the same premises on the same terms as his daughter.

( 3 ) THE plaintiff in each of the two actions in ejectment is Janhabi Charan Chatterjee. Necessarily he is the sole respondent in each of the two appeals before me.

( 4 ) THE two suits for eviction -- one against the father and the other against the daughter -- were grounded on default in payment of rent from June 1953 to January 1954 -- a little more than three occasions of two months' rent within a period of eighteen months within the meaning of the proviso to Sub-section (3) of Section 14 of the West Bengal Premises Rent Control (Temporary Provisions) Ac

























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