AVARANI MUKHERJEE Vs. JAGADISH ROY CHOUDHURY

JUDGEMENT

(1.) THIS second appeal is at the instance of defendants in a suit for eviction and is directed against the judgment and decree dated February 15, 1992 passed by the learned Assistant District Judge, 1st Additional Court, Burdwan in Title Appeal No. 155 of 1991 thereby affirming those dated March 20, 1991 passed by the learned Munsif, Ist Court, Burdwan in Title Suit No. 59 of 1982.

(2.) THE respondent therein filed the aforesaid suit for eviction of one Satyanarayan Mukherjee, since deceased, the predecessor-in-interest of the present appellants after service of a notice under Section 106 of the Transfer of Property Act ("Act"). There is no dispute that the West Bengal Premises Tenancy Act has no application to the area where the suit property is situated. During the pendency of the suit, the original defendant having died, the present appellants were substituted in his place.

(3.) THE learned Trial Judge on consideration of the materials on record held that the notice to quit under Section 106 of the Act was legal, valid and sufficient and the same was duly served.