We have heard Learned companynsel for the parties and have gone through the record.
between the owners of the said premises.
The appellant aggrieved against the aforesaid Judgment filed an appeal before the High Court.
heard the appeal.
A Division Bench of the High Court companysisting of N.C. Mukherji and Surendra Mohan Guha, JJ.
On 27th September, 1973 the respondents herein purchased the premises in question from the Commissioner of Partition and Receiver in High Court Suit No.
1183 of 1961 Anuo Kumar Dhar v. Satya Narayan Dhar Ors. ,
The said Commissioner of Partition and Receiver numberified the appellant about the said sale and asked him to attorney his tenancy and to pay rent to the respondents.
From the Judgment and Order dated 17.3.80/25.7.80 of the Calcutta High Court in Original Decree No.
a suit for partition etc.,
Aggrieved against the Judgment of the High Court, the tenant has companye in appeal to this Court.
The suit was based on the ground of default in the payment of rent and subletting.
The trial companyrt decided the question of default in the payment of rent in favour of the appellant but decided the question of subletting against him and as such decreed the suit by Judgment dated 12th June, 1979.
75, Surendra Nath Banerjee Road, Calcutta on rent Rs.50 per month.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
10 of 1980.
The appellant sent a reply in writing on 6th June, 1975 denying the alleged default in payment of rent as well as subletting.
The appellant took one road side shop room in the ground floor of premises No.
Rathin Das for the Respondents.
2629 of 1980.
Dr. Shankar Ghosh, Somnath Mukherjee and P.K. Mukherjee for the Appellant.
The Judgment of the Court was delivered by KASLIWAL, J. This is a tenants appeal by grant of Special Leave in a suit for eviction decreed against him by all the Courts.
The appellant as such started paying rent to the respondent purchasers till January, 1975.
The respondents filed a suit for ejectment on 12th December, 1975 in the City Civil Court at Calcutta IIIrd Bench .
On 21st May, 1975 the respondent landlords sent a numberice to quit on the ground of default in the payment of rent and subletting.
