KANAK PRAMANIK Vs. INDRAJIT BANDOPADHYAY

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 15 th June, 1995 passed by the learned Assistant District Judge, Baruipur, 24 Parganas (South), in Title Appeal No.71 of 1993 affirming the judgment and decree dated 6 th February, 1992 passed by learned Munsif, 1 st Court at Baruipur, 24 Parganas (South) in Title Suit No.300 of 1988.

(2.) The respondent as the plaintiff filed said suit alleging that the defendant was a monthly tenant under him at a rental of Rs.25/- per month payable according to Bengali calendar month in respect of the suit premises. Defendant defaulted in payment of rent and accordingly plaintiff sent a notice under Section 106 of the T. P. Act under registered post with A/D asking the defendant to quit and vacate the suit premises on expiry of the month of Agrahayan 1395 B. S. The defendant refused to accept such notice and did not also vacate the suit premises. Accordingly, the suit for ejectment and recovery of khas possession with consequential reliefs was filed.

(3.) The Appellant / defendant contested the said suit by filing a written statement denying the material allegations of the plaint and contending inter alia that the defendant was a tenant under the plaintiff's father Haripada Banerjee and that on the death of Haripada Banerjee, all his heirs became joint landlord and that the plaintiff was not the sole landlord and had no authority to file said ejectment suit as the sole landlord. It was further alleged that defendant did not receive any notice and that plaintiff managed to obtain a postal endorsement "refused" in collusion with postal peon. The suit was liable to be dismissed.