SWADESH RANJAN SINHA Vs. HARADEB BANERJEE

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated May 25, 1982 passed by the learned Subordinate Judge, 3rd Court, Howrah in Title Appeal No. 142 of 1981 reversing those of the learned Munsif 3rd Court at Howrah dated April 24, 1981 passed in T. S. No. 165 of 1977.

(2.) The plaintiff-appellant instituted the said suit against the defendant-respondent for eviction from the suit premises and mesne profit. The suit premises comprises a third floor Oat of a Howrah Improvement Trust building located at Kadamtola within P.S. Bantra. The plaintiff's case is that the plaintiff is the owner of the said Cat and the defendant was a monthly tenant under him in respect of the flat at a monthly rental of Rs. 110/- payable according to English calendar month. The defendant defaulted in payment of rent from February 1976. The plaintiff reasonably requires the suit flat for his own use and occupation as he has no alternative suitable accommodation. The defendant's tenancy was determined by service of a combined notice under section 106 of the T.P. Act and section 13(6) of the West Bengal Premises Tenancy Act expiring on the last date of December, 1976 but the defendant did not comply with the notice. Hence the suit.

(3.) The defendant contested the suit by filing a written statement in which the alleged grounds of ejectment were denied. The service of the notice and the legality and validity thereof was also challenged.