JUGAL KISHORE Vs. SUBH KARAN

JUDGEMENT

(1.) This Rule was obtained by the landlord (plaintiff) against orders of the Special Bench of the Court of Small Causes, Calcutta dated 29-11-1949 and 28-12-1949.

(2.) The facts may be stated thus: The opposite party was a tenant of a portion of premises No. 203, Chittaranjan Avenue, Calcutta at a rent of Rs. 127/- per month. After service of notice to quit on the opposite party the petitioner instituted proceedings under Chapter VII of the Presidency Small Cause Courts Act for eviction of the opposite party on the allegation that the tenancy had ipso facto determined on account of the latter's failure to pay rent for 3 consecutive months viz., Mangsir 2005 Sambat year to Magh 2005 Sambat year (corresponding to 17-11-1948 to 13-2-1949). The opposite party filed a written statement to the effect that rent was not due for 3 consecutive months and that notice to quit had not been served.

(3.) The suit was heard by Sri B. P. Buxi, learned Judge, 4th Bench. By his preliminary judgment dated 29-11-1949 the learned Judge held that the rent for Mangsir 2005 fell due in Pous 2005 i.e. after the commencement of the 1948 Act and as such the tenant was in default for a period of 3 consecutive months and the tenancy had accordingly ipso facto determined. By his final judgment dated 23.12.1949 the learned Judge held that the notice to quit was duly served. In the result the suit was decreed.