MIHIR KUMAR GOSWAMI Vs. PROTIVA CHOWDHURY

JUDGEMENT

(1.) THIS appeal arises out of the decision of the learned Additional District judge, 11th Court, Alipore dated March 10, 1978 passed in Title Appeal No. 834 of 11977 affirming the judgment and decree dated June 29, 11977 passed by the learned munsif, 1st Court, Sealdah in Title Suit No. 185 of 1974.

(2.) PLAINTIFF-RESPONDENT filed the said suit for ejectment and mesne profits inter alia on the allegations that the appellant defendant was a tenant under her at the rate of Rs. 255/- per month according to English calendar month and that the defendant was a defaulter in payment of rent since June, 1972. A notice to quit was served on the defendant but the defendant failed to deliver vacant possession of the suit premises.

(3.) THE tenant-defendant contested the suit by filing a written statement in which the alleged default in payment of rent was denied. The defendant case was that the rate of rent was Rs. 200/- and not Rs. 2 25/-per month.