B.G. CHANDA Vs. KIRANMOY BANERJEE

JUDGEMENT

(1.) This second appeal is at the instance of a tenant/defendant in a suit for eviction and is directed against the judgment and decree dated April 30, 1933 passed by the learned Assistant District Judge, 3rd Court, Alipore in Title Appeal No. 439 of 1992 thereby affirming those dated July 29, 1992 passed by the learned Munsif, 4th Court, Alipore in Title Suit No. 16 of 1987.

(2.) The respondent herein filed the aforesaid suit for eviction on the grounds of default in payment of rent, subletting and violation of Clauses (m), (o) and (p) of Sec. 108 of the Transfer of Property Act.

(3.) So far the ground of default is concerned, the learned trail decided theissue against the plaintiff holding that the defendant was not a deafaulter.