MURLIDHAR GARODIA Vs. PURUSHOTTAMLAL JAIN

JUDGEMENT

(1.) The defendant of the trial court, Murlidhar Garodia, is appellant in this appeal. Respondent Purushottam Lal Jain instituted a suit against the-appellant for evicting him from an almirah shop on the ground floor of premises No. 194/198 Cross Street, Calcutta. A notice to quit is said to have been served upon the appellant requiring him to vacate the disputed shop after the expiry of 1st February, 1958. The suit was instituted: under the West Bengal Premises Tenancy Act, 1956 on the ground that the tenant was a statutory defaulter and had forfeited his claim to protection by reason of defaults committed by him in payment of rent.

(2.) Various defences were taken by the tenant in his written-statement. We need not refer to all of them in this appeal. The trial court overruled the objections taken by the tenant defendant in his writ ten-statement and decreed the suit of the plaintiff. So the tenant has preferred this appeal.

(3.) The only point pressed on behalf of the appellant by Mr. Lala in this appeal is that the notice served upon the appellant was not a valid or sufficient notice. This contention arises in the following way.