DIPAK KUMAR GHOSH Vs. MIRA SEN

JUDGEMENT

(1.) The only question that is involved in this appeal by special leave is whether the High Court was justified in decreeing the suit for ejectment on the ground under Cl. (j) of S. 13(l) of the West Bengal Premises Tenancy Act, 1956, hereinafter referred to as "the Act".

(2.) One of the grounds for ejectment is that contained in Cl. (j) of S. 13(1) of the Act and reads as follows:-

(3.) It appears that while remitting by postal money order the rents for the months of November and December, 1968, the appellant stated in writing in the money order coupon "we shall vacate the premises within next 6/8 months." It is not disputed before us that the said statement was made in the money order coupon by the appellant's brother under his specific instruction. After the respondent had received the said money order coupon, he by his letter dated April 19, 1969 sent to the appellant by registered post, inter alia, wrote as follows:-