MALINA MONDAL Vs. PUSPA RANI DASI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the learned Additional District Judge, 7th Court, Alipore dated 30-4-1976 in Title Appeal No.460 of 1975 affirming those of the learned Munsif, 2nd Court at Sealdah, in Title Suit No.313 of 1969.

(2.) Admittedly, the plaintiff-respondent was the owner of the suit premises and the defendant-appellant was a tenant under him in respect of the same at a rental of Rs. 50.00 per month payable according to English calendar month. The plaintiff's case was that the defendant defaulted in payment of rent since December, 1967 and sublet a portion of the suit premises without the consent of the plaintiff. The further case of the plaintiff was that the plaintiff reasonably required the suit premises for her own use and occupation. A combined notice u/S.106 of tile T.P. Act and S.13(6) of the West Bengal Premises Tenancy Act was served on the defendant determining the tenancy with the expiry of June, 1969. As the defendant did not vacate the suit premises the plaintiff filed a suit for ejectment and recovery of khas possession and damages.

(3.) The defendant contested the suit by filing a written statement in which the alleged grounds of ejectment were denied. It was contended that the plaintiff at first gave a notice dated 27-1-68 which was not withdrawn and the second notice was not, therefore, legal and valid.