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1958 Supreme(Cal) 209

BANERJEE
Nashiban Bibi – Appellant
Versus
Parul Bala Dutta – Respondent


Advocates appeared:
Bhabani Sankar Bakshi, Gopinath Nandi.

JUDGMENT

1. BOTH these Rules are directed against the same order. Civil Rule No. 700 of 1957 was obtained by the landlords while Civil Rule No. 1093 of 1957 was obtained by the tenant. The circumstances under which the aforesaid Rules were issued may be summarised as hereinafter appearing The plaintiffs landlords (petitioners in Civil Rule No. 700 of 1957), who are themselves tenants of the first degree, instituted a suit for eviction of the tenant defendant No. 1, Sm. Parul Bala Dutta who is the petitioner in Civil Rule No. 1093 of 1957. Two other persons were made defendants in the said suit, namely, Ram Chandra Das and Shyam Chandra Das, on the allegation that they were being set up as sub-tenants by Parul Bala Dutta above-named. The premises in dispute is a portion of a house, bearing number 82/1 Cornwallis Street, in the town of Calcutta. The admitted rent is Rs. 99 per month, payable according to the English Calendar. It was pleaded in the plaint that the tenant defendant No. 1 had defaulted in payment of rent from the month of November 1951. It was further pleaded that the tenant did acts contrary to the provisions of clauses (m), (o) and (p) of section 108 of the Transfer o











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