SANAKA GHOSH Vs. ASTAM CHANDRA GHOSH

JUDGEMENT

(1.) The defendant tenant is the appellant against this judgment of reversal.

(2.) The respondent as the plaintiff filed a suit being Title Suit No.153 of 1989 against the defendant in respect of the suit shop room on the grounds of default in payment of rent at the rate of Rs.100/- per month from Kartick, 1386 B. S., causing damages to the suit property as well as reasonable requirement of the same. It is further case that plaintiff sent a lawyer s notice to quit dated 31.07.1989 to the defendant tenant under registered post with A/D and that defendant received said notice by putting his L. T. I. thereupon but in spite of receipt of said notice he did not vacate the suit premises by the end of Bhadra, 1396 B. S. and hence was the suit for eviction.

(3.) The defendant tenant contested said suit by filing a written statement alleging inter alia that plaintiff was not the sole landlord and that rate of rent was Rs.25/- per month and that plaintiff earlier brought a suit being Title Suit No.136 of 1980 praying for eviction of this defendant claiming him to be a licensee in respect of the suit property and that the same was dismissed not only in the Trial Court but also in the appellate Court in Title Appeal No.189 of 1983. It is further case that notice was illegal, invalid and insufficient and that the suit was liable to be dismissed.