SANTOSH ROY Vs. ADMINISTRATOR GENERAL OF WEST BENGAL

JUDGEMENT

(1.) Judgment of reversal passed in Title Appeal No.71 of 2000 by the learned Additional District Judge, Fastrack, 3rd Court at Sealdah is under challenge in the instant appeal by the plaintiff of Title Suit No.529 of 1989.

(2.) One Narendra Kumar Chakraborty as plaintiff filed Title Suit No.529 of 1989 against one Hemanta Kumar Chattopadhya, the defendant praying for eviction, recovery of possession and mesne profits under the West Bengal Premises Tenancy Act, 1956 (hereinafter described as the said Act) on the ground of default, subletting and reasonable requirement.

(3.) The suit was decreed by the learned Civil Judge (Junior Division), 2nd Court at Sealdah holding, inter alia that the defendant had parted with and/or sublet the suit premises in favour of his younger brother Subhash Chattopadhya and permanently left the suit premises. The learned trial judge also held that before filing of the suit the landlord/plaintiff served legal, valid and sufficient notice under Section 13(6) of the said Act.