DEOKINANDAN PODDAR Vs. RAKMANANDAN GARODIA

JUDGEMENT

(1.) The short question, we are called upon to answer in this second appeal is whether a suit for eviction of tenant is maintainable at the instance of a co -owner -landlord alone without impleading the other co -owners and a notice served upon the tenant to that effect terminating his tenancy and asking the tenant to quit' is valid and sufficient.

(2.) Plaintiff instituted this suit for eviction of the Defendant -tenant holding the suit premises as a monthly tenant, on the ground of default and reasonable requirement.

(3.) On an application being filed by the Plaintiff -landlord under Sec. 17(3) of the West Bengal Premises Tenancy Act (for short Act), the Defendant -tenant was Found to be a defaulter and his defence against delivery of possession was struck out. The Defendant -tenant moved the Hon'ble. Court against that order, but the same was confirmed by this Court giving opportunity to the Defendant -tenant to contest the suit only on the ground of notice. The trial Court, however, decreed the suit on both the grounds, viz. that of default and reasonable requirement.