JUDGMENT :

1. The plaintiff has filed the instant application being GA 2 of 2020 under Chapter XIIIA of the Original Sides Rules of this Court for final Judgment against the defendant for eviction, recovery of khas possession and for mesne profit with interest.

2. As per the case of the plaintiff, Municipal Premises No. 117, B.K Pal Avenue, P.S-Jorabagan, Kolkata – 700 005 along with four storied brick built building standing thereon was originally belonged to one Sambhu Kumar Pal, who had dedicated the said property to the deity in the name of Sri Sri Lakshmi Thakurani by way of a deed of declaration dt. 29.05.1963 and accordingly the said property is called as debutter property. In the said deed of declaration, Sambhu Kumar Pal has appointed himself as a first Shebait of the said deity and it was also provided that after his demise, his wife Shanti Bala Pal and his son Shyamal Kumar Pal will succeed the office of the Shebaits. It was also provided that on the death of any one of the Shebaits, the survivor shall continue to act as sole Shebait. The settler as well as his wife has expired, Shyamal Kumar Pal has become the sole Shebait of the deity, Sri Sri Lakshmi Thakurani.

3. One Maran Krishna Pal Chowdhury was the tenant under the plaintiff in respect of a flat comprising of two rooms, one kitchen and a bath and privy admeasuring about 400 square feet situated on the back side of the ground floor of the debutter property on a monthly rent of Rs. 160/-per month. Mr. Maran Krishna Pal Chowdhury died sometimes in the year 2008 leaving behind his widow and his daughter (defendant herein) as his legal representatives. After the death of original tenant, the wife and the daughter were continuing with the possession of the said premises. In the month of January 2018, the widow of the original tenant died leaving behind the defendant herein.

4. Mr. Meghnad Dutta, Learned Advocate representing the plaintiff submits that after the death of original tenant Mr. Maran Krishna Pal Chowdhury and his widow and upon the expiry of the period of five years from the date of death of the original tenant, the defendant being the daughter has no right to occupy the said property from 2013.

5. Mr. Dutta submits that the plaintiff had never accepted any money on account of occupational charges or otherwise from the defendant at any point of time.

6. Mr. Dutta submits that as the defendant was in an illegal occupation of the premises and accordingly the plaintiff had issued a legal notice on 14.03.2019 calling upon the defendant to vacate and deliver the khas possession of the premises within 15 days from the date of receipt of the notice. In the said notice, the plaintiff has also claimed that in case the defendant failed to vacate the premises, the plaintiff shall charge mesne profits @ Rs. 7,000/-per diem till recovery of possession.

7. Mr. Dutta submits that admittedly the original tenant was the father of the defendant and the father of the defendant died in the year 2008, the mother of the defendant being the widow was entitled to continue with the possession but the widow has also died in the year 2018 and thus the defendant has no right to claim any right of tenancy over the property after the period of five years from the date of death of the father i.e. from the year 2013 and thus the defendant has became trespasser over the property and has no defence to continue with the suit thus the plaintiff is entitled to get final judgment against the defendant under Chapter XIIIA of the Original Side Rules of this Court.

8. Learned Counsel for the plaintiff relied upon the following judgments :

i. 2017 SCC OnLine Cal 18807 (Sri Sushil Kumar Jain & Ors. –vs-Pilani Properties Limited).

ii. 2016 SCC OnLine Cal 4442 (Utpal Roy & Anr. –vs-Ratul Krishna Banerjee & Anr.).

iii. Unreported Judgment passed in CO No. 2052 of 2015 (Md. Shabbir Yousuf Chiba –vs-Arun C