ADHIR KUMAR DAS Vs. JUTHIKA SEN

JUDGEMENT

(1.) Appeal against the decree of Shri R. C. Ghosh, Subordinate Judge of Zillah Murshidabad in Title Appeal No. 34 of 1969 dated the 24th of June, 1972, affirming the decree of Shri G. Halder, Munsif, 2nd Court Berhampore District Murshidabad dated the 10th of December, 1968.

(2.) The plaintiff's case is that the defendant is her tenant regarding the disputed premises at a rental of Rs. 35/- payable ac-cording to English calendar. He has been running a printing press in that premises. From January, 1964, he has been using an electric motor with high horse-power for running the press. The result is that due to the noise and vibrations, the walk and floor of the first floor have been cracked and her heart disease has aggravated. She has no drawing room in her house for the use of her husband and son. She reasonably requires the disputed premises for using the same as her drawing room. The defendant is a defaulter. His tenancy was properly determined by a notice to quit. The suit is for ejectment.

(3.) The defence is a denial of the plaintiff's allegations, it has been alleged inter alia that the notice is not valid in law. He sent rent by money-order, but the plaintiff refused to accept the same. Thereafter he has been regularly depositing the rent with the Rent Controller. The tenancy is not according to English calendar, but it commenced from the 19th day of the English month.