SATYA CHORONE ROQUITTEE Vs. SURESH CHANDRA PAL

JUDGEMENT

(1.) THIS is the tenant-defendant's appeal, arising out of a suit for ejectment. The suit is in respect of a portion of premises No. 17, Chhidam Mudi Lane. It was instituted as far back as September 20, 1957. The relevant notice to quit is alleged to have been served some time towards the end of June, 1957. It is dated June 27, 1957, corresponding to Ashar 12, 1364 B. S. asking the tenant (defendant) to quit and vacate the disputed premises with the expiry of the next Bengali calendar month of Sravana, 1364 B. S. The suit tenancy bore a rental of Rs. 45/- per month and it was according to the Bengali calendar.

(2.) IN addition to the statement that the defendant's tenancy had been terminated by the above notice to quit, the plaintiffs, for purposes of the decree for ejectment, alleged, inter alia, that the defendant was not entitled to any protection under the Rent Control. Law (The West Bengal Premises Tenancy Act, 1956) on account of default in the payment of rent and on account also of the plaintiffs' reasonable requirement of the disputed premises for their personal use and occupation and also for building and rebuilding purposes. .

(3.) THE suit was contested by the defendant and, in his written statement, the defendant denied the plaintiffs' case of reasonable requirement either for personal use and occupation or for building and rebuilding and questioned the validity of the service of the notice to quit, upon which depended the termination of his (defendant's) aforesaid tenancy.