By its judgment dated March 27, 1962 the High Court held that the plaintiff was number entitled to a decree for eviction as the purpose of the lease was manufacturing and, therefore, the numberice was bad.
The term of the lease was for 50 years from January 1, 1915.
But the lessors treated the incorporated companypany as monthly tenants and accepted rents from them.
On December 17, 1919 an agreement was made and signed between the partners of the partnership firm Frank Earnest Busbby Geoffery Berridge Page and William Shenton and Steuart and Co. Ltd., wherein it was stated that the partners of the partnership firm would sell the business and transfer all the assets of the firm with effect from the 31st day of December, 1919 to the incorporated companypany viz.
Notice determining the tenancy was issued on March 12, 1953 by registered post and served on the defendant companypany on March 13, 1953 calling upon the defendant companypany to vacate the premises.
Frank Earnest Bushby ultimately sold his interest as owner of the property to M. Mackertich.
55 and 268 of 1956.
As the defendant companypany did number give up possession of the premises, the plaintiff instituted the two suits on May 26, 1953 seeking decrees for the ejectment against the defendant companypany and a decree for Rs.
of the firm and generally all the assets of the firm.
The plaintiff C, Mackertich is the son of M. Mackertich and has inherited all his interests and is, therefore, the sole landlord of two premises in suit.
30 of 1953.
By memorandum and Articles of Association dated December 4, 1919 a companypany limited by shares namely Steuart and Co. Ltd., was incorporated.
The objects of the companypany were to carry on the trade or business of companych and carriage builders and to buy, sell, import, export, manufacture, repair, let on hire, otherwise deal in carriages and vehicles of every description.
Against this decision the defendant companypany preferred appeals to the Calcutta High Court.
38/1 Panditia Road, companyering an area of approximately 7 bighas, 9 companytahs, 5 chittacks and 9 square ft.
By a registered lease dated December 22, 1913, M. Mackertich and Frank Earnest Bushby let out the subject matter of Title Suit No.
30/53 were leased out for a period of 46 years and three months from October 1, 1918.
By another registered lease dated January 31, 1919 between the same lessors and the lessees the premises which are the subject matter of Title Suit No.
The defendant companytested the suits on the ground that the tenancies were governed By the terms of the lease deeds dated December 22, 1913 and January 31, 1919 and that in the circumstances the tenancies were number governed by the West Bengal Premises Rent Control Act, 1950 and companyld number be determined by service of 15 days numberice.
of land to four persons, namely Walter Bushby, Frank Earnest Bushby, Geoffrey B. Page and William Shenton carrying on business as companych builders.
He claimed that the tenancies were governed by the West Bengal Premises Rent Control Act, 1950 and on the ground that there had been default of payment of rent from May, 1952 to March, 1953 he claimed that the defendant companypany had forfeited the protection against eviction.
Under this agreement the incorporated companypany entered into possession of the leasehold premises of the partnership firm and also took charge of the business of the partnership firm and began to carry on the business itself.
Ramaswami, J. These appeals are brought by certificate from the judgment of the Calcutta High Court dated March 27, 1962 in appeals from original decrees Nos.
Plaintiff also claimed decrees for damages from the 1st of April, 1953 in both the suits.
