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1982 Supreme(Cal) 59

CHITTATOSH MUKHERJEE, SHARMA
On the death of Kanailal Das, his heirs and legal representatives, Lakshmi Rani Das – Appellant
Versus
Hari Sankar Dutta – Respondent


Advocates:
Advocate Appeared:
Subrata Roy for the appellant;
M.P. Banerjee for the respondent.

JUDGMENT

Chittatosh Mookerjee, J.

Having heard the learned Advocates for both sides and having considered the materials on record, we are satisfied that the learned Judge of the court below has rightly passed a decree for eviction against the defendant appellants under clauses (a) and (ff) of sub-s. (1) of S. 13 of the West Bengal Premises Tenancy Act.

2. Kanailal Das, since deceased, the defendant appellant, was admittedly a tenant of the suit premises No. 6A, Akrur Dutta Lane at a rent of Rs 123/- per month Manick Lal Dutta, the original landlord and the owner died in the year 1955 and on 28th February, 1969 Sarojini, widow of Manicklal and his two sons, Dulal and Gorachand executed a registered deed of trust in fuvour of Susama, a daughter of Manicklal and her husband, Hrishikesh. The said trust deed was made an exhibit in the case. The trust deed, inter alia, recited that Susama Dutta who had been married to Hrishikesh Dutta had several children, but they had no dwelling house of their own to reside. The settlers further directed that the trustee of 6A, Akrur Dutta Lane shall allow Sm. Susama Dutta and her husband Hrishikesh Dutta during, their respective natural lives to reside i















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