1950 Supreme(Cal) 74
BOSE
Amar Nath Misra – Appellant
Versus
Sreenarain Mansingka – Respondent
Advocates:
A.K. Sen and D.K. Sen - for Pltf.; S.K. Bose, B.C. Mitter and T.P. Das - for Deft.
Judgment. - The pltff. sues the deft. for recovery of possession of premises No. 50, Burtolla Street, Calcutta, for arrears of rent, mesne profits and other reliefs. The pltf. alleges that he is a lessee of premises No. 50 Burtolla Street. The deft. was a monthly tenant under the pltf. according to the Bengali calendar in respect of the said premises at a rent of rs. 240 p. m. up to 14th Agrahayon 1355 B. S. (corresponding to 30-11-1948) and thereafter at the rent of Rs. 285 p. m. By a notice to quit dated 23-3-1949, the tenancy was terminated and the deft. was called upon to quit and vacate the premises at the expiry of the month of Chaitra 1355 B. s. corresponding to 13-4-1949. The deft. has without the consent or authority of the pltf. or his predecessor-in-interest sublet a major portion of the said premises for more than six consecutive months and is realising large sums as rents from the sub-tenants. The deft. has also failed and neglected to pay rents for the months of Jaistha, Assar, Sraban, Bhadra and Aswin 1355 B.s. (15-5-1948 to 17-10-1948) amounting to Rs. 1200 at the rate of Rs. 240 p. m. The deft. also failed to pay rent from Magh 1354 B. s. to the end of Baisakh 1355
Click Here to Read the rest of this document