BASUDEB CHOWDHURY Vs. WEST BENGAL STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree dated 16.12.95 passed by Sri G.C. Sarkar, the learned Assistant District Judge, Tamluk in Title Appeal No. 13 of 95 reversing those dated 13.12.94 passed by Ms. Anjali Sinha, the learned Munsif, Tamluk in O.S. No. 60 of 93.

(2.) The suit before the lower Court was filed seeking for eviction of a tenant with mesne profit. The trial Judge was pleased to pass the decree in favour of the plaintiff-appellant, which was reversed by the learned lower Appellate Court. The substantial question of law for the determination of the present appeal was formulated as under: ?Effect of notices, issued on 30th November, 1992 as also on February 15, 1993 issued by the appellant in favour of the respondent in view of the provisions of section 113 of the Transfer of Property Act.?

(3.) The plaintiff-appellant Basudev Chowdhury filed a suit being O.S. No. 60 of 93 before the Court of the 3rd Munsif at Tamluk, Dist-Midnapore alleging that he got the suit land by a partition deed dated 9.5.68 and constructed pucca structure thereon. The plaintiff inducted Assistant Engineer, Panskura Construction Division No. 1 as tenant in the said premises at a rental of Rs. 500/- per month payable according to English Calendar month for his office. The defendant/respondent paid rent to the landlord upto December 1992 under receipt and thereafter he stopped payment of rent. The plaintiff requested defendant to vacate the suit premises on the ground of default and also for the reason that he needed it for his own occupation, but the defendant paid no heed to it.