In the view of the learned Judge, by the use of the expression for residential or business purposes in s. 5 1 a it is intended that buildings companystructed by the tenant should be utilized by the tenant himself for his own residence or for carrying on business and that it is number the intention of the Legislature that third persons should be protected by s. 5 from eviction from those structures.
The respondents purchased the interest of the landlords the land and instituted on August 3, 1951 an action in the Court of the Sadar Munsiff, Silchar against Biswambar Roy for a decree for vacant possession of the land.
70/ under an instrument dated February 22, 1938.
Appeal by special leave from the judgment and decree dated June 26, 1959 of the Assam High Court in Letter Patent Appeal No.
Against the decree passed by the High Court, with special leave, this appeal is preferred.
891 of 1963.
3615 in the town of Silchar, District Cachar in the State of Assam.
Deka, J., held that Biswambar Roy companyld number claim the protection of s. 5 1 a of the Act, since he had let out to tenants the buildings companystructed on the land.
Against that decree, an appeal was preferred to the High Court of Assam.
1 of 1959.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
During the pendency of the appeal, the Non agricultural Urban Areas Tenancy Act 12 of 1955 enacted by the Assam Legislature was brought into force.
Sarjoo Prasad and K. P. Gupta for respondents.
C. Chatterjee and D. N. Mukherjee, for the appellants.
75/ in respect of a plot of land, part of Dag No.
On the expiry of the period of the original lease, Biswambar Roy obtained a fresh lease in respect of a part of the land for ten years Baisakh 1345 B.S. to Chaitra a 1354 B.S. at an annual rental of Rs.
Biswambar Roy companystructed on the land, buildings, some for residential use, and others as warehouses.
The Judgment of the Court was delivered by Shah, J. Biswambar Roy predecessor interest of the appellants was Granted on February 20, 1928, a lease for ten years 1335 B.S. to 1344 B.S. at an annual rental of Rs.
Biswambar Roy appealed to the Subordinate Judge, Silchar.
With that view Mehrotra, J., did number agree.
The suit was decreed by the Munsiff.
An appeal under the Letters Patent from that judgment was heard by C. P. Sinha, C. J., and Mehrotra, J. The learned Judges differed.
