MALA MUKHERJEE Vs. NILIMA DEBI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of eviction passed by learned District Judge, Purulia in Title Appeal No.60 of 1965 reversing the judgement and decree of learned Munsif, Purulia in Title Suit No.73 of 1964.

(2.) The original plaintiff's being owner landlords filed said suit being Title Suit No.73 of 1964 alleging that original defendant Fanindra Deb Manna was a tenant under them in respect of the suit room at a rental of Rs.14/- per month according to English calendar month and that said tenant defaulted in payment of rent from December 1963 to March, 1964 and was also guilty of causing damage to the suit premises. It was further case that the landlords reasonably required the suit room for their own use and occupation. The suit was filed after sending a statutory notice to quit.

(3.) The original defendant tenant contested said suit by filing written statement denying material allegations of the plaint and contending inter alia that the rents for the month of December, 1963 after adjusting therefrom sum of Rs.12.5 paisa which was paid towards monthly tax by the defendant, and the rent for the month of January, 1964 were sent to the landlords by M. O. but they refused to accept the same. It is further stated that thereafter the defendant tenant deposited the same in the office of Rent Controller on 3 rd March, 1964. It is further case that the plaintiffs demanded enhancement of rent @ Rs.18/- per month but the defendant tenant refused to pay said enhanced rent. It was asserted that after service of notice of the suit, the defendant deposited rents for the month of December, 1963 to May, 1964 with interest in the Court and that the suit was liable to be dismissed.