BHOLANATH PRAMANICK Vs. JATU KUNDU

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and the decree dated 26 th March, 1985 passed by learned Assistant District Judge, Nadia in Title Appeal No.119 of 1974 reversing the judgment and the decree dated 22 nd May, 1974 passed by learned Munsif, Ranaghat in Title Suit No.402 of 1971.

(2.) THE respondent as plaintiff filed said suit for eviction being Title Suit No.402 of 1971 against the appellant tenant alleging that he was a tenant under the plaintiff at a rental of Rs.20 per month in respect of the suit premises according to the english calendar month and that he defaulted in payment of rent and accordingly the plaintiff terminated his tenancy by sending a notice to him. It is further case of the plaintiff landlord that in spite of service of notice the defendant did not vacate the suit premises and hence was the suit.

(3.) THE appeal being Title Appeal No.119 of 1974 was initially allowed by a judgment dated 11 th of April, 1975 by holding that the endorsement of the postal peon "not claimed " amounted to good service in the facts and circumstances of the case.