AHUMAD ALI BISWAS Vs. JYOTSNA KUMAR BANDOPADHYAY

JUDGEMENT

(1.) This is an appeal by a tenant against a decree of the Subordinate Judge of Murshidabad affirming the decree of the Munsif of Lalbagh in a suit for eviction.

(2.) The circumstances are a little unusual. Apparently the plaintiffs and the defendant were each occupying the premises of the other as tenants, and the plaintiffs' case is that the rents were set off. The defendant started trouble by suing the plaintiffs for rent, whereupon the plaintiffs gave the defendant notice under Section 106 of the T. P. Act to vacate.

(3.) Two points were urged before me, first that in view of the arrangement between the parties, the decree for eviction should not have been made without some corresponding relief to the defendant to get back his premises. No case was made out that there was in fact any such mututal arrangement, and I fail to see how any case of equitable relief can arise in the circumstances. There is therefore no substance in this point.