(1.) The instant Second Appeal has been preferred by a tenant and is directed against the judgment and decree passed by the learned Additional District Judge, 5th Court, Alipore in Title Appeal No. 190 of 1993 affirming the judgment and decree of the learned Assistant District Judge, 5th Court, Alipore in Title Suit No. 69 of 1991.
(2.) The appellant is the defendant in the suit filed by the plaintiff, who is the respondent before this Court. The case made out by the plaintiff, in brief, is that the defendant was inducted as a tenant in respect of the suit property at a monthly rental of Rs. 450 payable according to English calendar month. It has been mentioned in the plaint filed by the plaintiff that the defendant is a defaulter since January, 1991 to May, 1991 and the said defendant also caused damages to the tenanted premises by using the varandah as a kitchen even though a separate kitchen is in existence in the suit premises. According to the plaintiff, defendant has also caused nuisance and annoyance to the plaintiff at night under the influence of liquor. The plaintiff, therefore, determined the tenancy of the defendant by a notice to quit, which was duly received by the defendant and since the defendant refused to vacate the premises, plaintiff filed the suit against the defendant for ejectment, recovery of khas possession and mesne profits.
(3.) The defendant has contested the suit by filling a written statement. The defendant in his written statement denied all the allegations levelled against him by the plaintiff. The defendant specifically stated that no notice to quit was ever received by him from the plaintiff. The defendant not only denied the allegation of the plaintiff in respect of causing damage to the suit property but on the other hand contended that he has repaired the suit premises by spending his own money. The defendant has also stated that the plaintiff has refused to accept the rent from the defendant since January, 1991.