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1991 Supreme(Cal) 469

Lilamoy Ghosh, AMARABHA SENGUPTA
Kanta Devi Arora – Appellant
Versus
Snehalata Sen – Respondent


Advocates Appeared:
Sudhis Das Gupta, Puran Chand Tandon for the applicant;
R.G. Ram for the respondent.

JUDGMENT

L.M Ghosh, J. The plaintiff filed an ejectment suit against the defendants on the grounds of default and conversion of the property. The defendants are the legal representatives of Late Tjlak Chand Arora. It was an admitted position that Late Tilak Chand Arora was a monthly tenant under the plaintiff at a monthly rent of Rs. 105/- per month. There was some controversy as to when •the rent was payable as per the contract of tenancy. Tilak Chand Arora died, leaving the defendants as his heirs. Thus the defendants became the tenants of the plaintiff. It was alleged that during the life time of Tilak Chand Arora, he without the consent of the plaintiff, covered the open varandah running from the covered varandah in front of the two bed rooms and began to use the same as a room. By subsequent amendment, the plaintiff also pleaded that the defendants raised partition walls by brick walls in the two rooms on the second floor of the premises, which were let out to Tllak Chand Arora. Then, the ground of default from January, 1980 was also pleaded. The plaintiff submitted that the tenancy of the defendants was terminated by a notice to quit served on them on 26.6.80 by registered pos

















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