GOURI SHANKAR SADANY Vs. JETHMAL LAKEAIN

JUDGEMENT

(1.) This appeal comes before us under a leave granted under Clause 15 of the Letters Patent by S.K. Sen, J. The Plaintiff, who is the Appellant in this Letters Patent Appeal, is the owner of a premises known as "Matibhaban", in the town of Kharagpur. Portion of the said premises was let out to the Defendant, Jethmal Lakhain, at a rental of Rs. 30 per month, according to the English calendar. According to the Plaintiff the Defendant had caused material deterioration to the premises, let to him, by acts of waste and was a defaulter in payment of rent, within the meaning of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. It was also alleged that the Plaintiff reasonably required the premises for his own occupation. The Plaintiff, therefore, terminated the tenancy of the Defendant by a notice to quit and on refusal of the Defendant to vacate the said premises, brought the suit, out of which this appeal arises, on September 23, 1954.

(2.) The Defendant contested the suit denying all the allegations made by the Plaintiff.

(3.) The learned Munsif found that the Plaintiff required the premises for his own occupation and also that the Defendant was a defaulter in payment of rent on three occasions of two consecutive months each within 18 months before the institution of the suit and as such was not entitled to the protection from eviction under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. The learned Munsif, however, negatived the contention of the Plaintiff that the Defendant had caused deterioration to the premises by acts of waste. In the view the learned Munsif took, he decreed the suit for eviction.