GOVINDA CHANDRA DAS Vs. SITANATH PAUL

JUDGEMENT

(1.) This is a second appeal on behalf of the Defendant tenant in a suit for ejectment on the ground of default. The suit was instituted on May 17, 1955, while the West" Bengal Premises Tenancy Act of 1950 was still in force.

(2.) The Plaintiff's case was that the Defendant was a sub-tenant under one Priyalal Karmakar whose tenancy was determined by a decree in a suit for ejectment in suit No. 2161/51 and the date of the decree was September 25, 1951. According to the Plaintiff a notice to quit was served upon the Defendant and he instituted the suit thereafter terminating the tenancy according to English calender month. His further averments are that the Defendant has been a defaulter from September 25, 1951, to April, 1954, Mr. Mitter on behalf of the Defendant Appellant has taken the following points:

(3.) Regarding the first question of default Mr. Mitter says that there being no default within 18 months of the suit, there was no default in law. Mr. Mitter refers to a decision of the Division Bench in a case between Amal Krishna and Chandi Charan,1952 56 CalWN 528.