Jerina Banu vs Bachu Das And 9 Ors
2021 Latest Caselaw 1652 Gua

                                                            Page No.# 1/4

GAHC010074972019




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : I.A.(Civil)/3066/2019


         JERINA BANU
         D/O LATE A HUSSAIN
          W/O DR. J. SAIKIA
          R/O TITABOR TOWN
          DIST. JORHAT
         ASSAM.


          VERSUS

         BACHU DAS AND 9 ORS
         S/O LATE DINESH DAS
         NEW ANNA PURNA MITHAI BHANDAR OPPOSITE JORHAT PUBLIC BUS
         STAND M.G. ROAD
         DIST. JORHAT
         ASSAM.

         2:BIKASH DAS
         S/O LATE BIPIN BEHARI DAS
          R/O 20/1 LAKE EAST 3RD FLOOR
          SANTOSH PUR
          KOLKATA 75
          3:KAMALA DAS
         W/O LATE BIPIN BEHARI DAS
          R/O 20/1 LAKE EAST 3RD FLOOR
          SANTOSH PUR
          KOLKATA 75
          4:BIPUL DAS
         S/O LATE BIPIN BEHARI DAS
         ANNA PURNA MITHAI BHANDAR
          BORA BAZAR NAGAON
          5:JHUNI KAR
         W/O DULE KAR
          D/O LATE BIPIN BEHARI DAS
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             GORTA ROAD
             GORTA KOLKATA 75
             6:RUNU DUTTA
             W/O SRI MATIN DUTTA
             D/O LATE BIPIN BEHARI DAS
             M. PARK
             SANTOSHPUR
             KOLKATA 75
             7:JHARNA DUTTA
             W/O SRI ASHUTOSH DUTTA
             BIDYA SAGAR COLONY
             KOLKATA 75
             8:MAYA DUTTA
             W/O SRI ASHUTOSH DUTTA
             D/O LATE BIPIN BEHARI DAS
             VIJAY GARH
             KOLKATA 32
             9:CHAYA DUTTA
             W/O LATE PRIYA LASH DUTTA
             D/O LATE BIPIN BIHARI DAS
             VIJAY GARH
             KOLKATA 32
             10:DEEPALI DAS
             W/O SRI DILIP DAS
             D/O LATE BIPIN BEHARI DAS
             ARORA COLONY
             BHARAT HEADY ELECTRICAL BHOPAL (M.P.)
             ------------
             Advocate for : MR. P P BORTHAKUR
             Advocate for : MR. N DAS appearing for BACHU DAS AND 9 ORS



                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

13.07.2021

Heard Mr. A. Sattar, learned counsel for the applicant as well as Mr. N. Das, learned counsel representing the respondents.

2. The applicant Jerina Banu and the respondent no.1 Bachu Das are at logger heads on the issue of a rented house. In fact, Late Bipin Bihari Das was a tenant under Jerina Banu in respect of a shop house. The present petitioner/respondent no.1 Bachu Das was an employee Page No.# 3/4

of Late Bipin Bihari Das. After the death of Bipin Bihari Das, the respondent no.1 Bachu Das continued to occupy the property. Thereafter Jerina Banu filed a civil suit praying for ejectment of Bachu Das. The said suit was decreed in favour of Jerina Banu. Thereafter Bachu Das filed an appeal against that judgment. He also arrayed 9 (nine) legal heirs of Late Bipin Bihari Das as respondents. After filing of the appeal, Bachu Das applied to the Court for deleting the names of the legal heirs of Late Bipin Bihari Das. Accordingly, the Court struck off their names. The First Appeal also was dismissed. Challenging the verdict of the First Appellate Court, Bachu Das filed Civil Revision Petition No.50/2019 before this Court. Here also he has arrayed all the legal heirs of Late Bipin Bihari Das. Against which the applicant Jerina Banu has filed this Interlocutory Application for striking out of the names of respondent nos.2 to 10 from the Civil Revision Petition.

3. I have given my anxious consideration to the submissions made by both the parties.

4. Mr. Sattar has submitted that Bachu Das himself got the names of the legal heirs of Late Bipin Bihari Das struck off from the Memo of Appeal. Therefore, Mr. Sattar submits, that their names should be struck off from this Revision Petition also.

5. Mr. Das on the other hand submits that Late Bipin Bihari Das was the original tenant under Jerina Banu and that is the reason why the legal heirs of Late Bipin Bihari Das are necessary parties in this case.

6. There is no doubt that tenancy in respect of a house begins with a contract between landlord and the tenant. With the death of Bipin Bihari Das, the contract of tenancy ceased to exist. The petitioner/respondent no.1 continued to occupy the property and he continued to pay the rent to Jerina Banu. Therefore, it is a specific contract between Bachu Das and Jerina Banu. Jerina Banu filed a suit for eviction of Bachu Das on the ground of non-payment of rent.

7. This Court is of the opinion that there is no relevancy of the legal heirs of Late Bipin Bihari Das. They are not necessary parties in this litigation. This Court has decided to agree with the applicant that the respondent nos.2 to 10, who are the legal heirs of Late Bipin Bihari Das are not relevant parties and, therefore, their names are struck off from the Revision Petition being CRP/50/2019.

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8. The Interlocutory Application is disposed of with the aforesaid observations.

JUDGE

Comparing Assistant