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1986 Supreme(Cal) 258

A.K.SENGUPTA
SANKAR MUKHERJEE – Appellant
Versus
ATULANANDA – Respondent


Advocates Appeared:
ASHISH CHANDRA BAGCHI, ROY CHOUDHURY, SAKTI NATH MOOKERJEE, SYMA PRASANNA ROY CHAUDHURY, UTPAL BHATTACHARYA

AJIT KUMAR SENGUPTA, J.


( 1 ) THE present appellant filed the Title Suit No. 131 of 1978 in the Court of Munsif, Second Additional Court, Alipore. It is a suit for ejectment of a premises tenant. A decree for ejectment was sought for on the ground that the defendant No. 1 sublet the premises in question to the defendant No. 2. The learned Munsif dismissed the suit on the finding that the plaintiff failed to prove that the defendant No. 1 was a sub-tenant in the premises under the defendant No. 1. The learned First Appellate Court affirmed that finding and dismissed that appeal. Hence the second appeal by the plaintiff. The question of subtenancy was the only point that was canvassed in this appeal.

( 2 ) THE plaintiff's case is mainly this. The defendant No. 1 was a monthly tenant under the plaintiff in respect of the premises No. 5/1h, Keyatala Road described in the schedule to the plaint at a rent of Rs. 550/- per month payable according to English calendar month. Defendant No. 1 is in police service and he was inducted into the suit premises in 1965. The premises was taken for residential purposes and the defendant No. 1 himself was in occupation of the premises till he was tra



















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