JATINDRA NATH Vs. MALAI RAM SHOW

JUDGEMENT

(1.) In this appeal by the defendant which arises out of a suit for ejectment, arrears of rent and damages, two questions have been raised by Mr. Mukherjee appearing for the defendant-appellant. The first is whether the defendant-appellant is entitled to any benefits under either Section 18(5) or Section 14, West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 and the second question relates to the legality, validity and sufficiency of the notice to quit which, according to the plaintiff-respondent and the Courts below, determined the tenancy in the present case.

(2.) The material facts as found by the Courts below are not now in dispute and they are as follows:

(3.) The defendant was a monthly tenant under the plaintiff in respect of the two rooms in suit in holding No. 172, Panchanantala Road, Howrah, at a rental of Rs. 12/- per month. There was default in payment of rent and, therefore, the plaintiff instituted a suit for recovery of over nine months' rent and therein the plaintiff obtained a decree against the defendant. Even after the institution of the said suit the default in the payment of rent continued and, accordingly, the plaintiff served a notice to quit on the defendant on 19-7-1945 and brought the present suit for ejectment and the other reliefs, mentioned above, on 29-9-1945, after obtaining the necessary permission from the Rent Controller under the law then in force.