AMARENDRA NATH Vs. BIBHUTI BHUSON

JUDGEMENT

(1.) This is a suit instituted on 15th day of April 1948. In this suit the plaintiff claims to recover possession of the top floor of premises No. 115, Lower Circular Road, Calcutta. The plaintiff's case, briefly, is that the defendant was a monthly tenant of the said premises of which one of the important conditions was that the defendant would behave properly and/or never use any filthy and abusive language towards the plaintiff or his agents It is a curious condition to find as a term of tenancy but the events will show how it came to be incorporated as a condition. I will describe this condition as the condition of good behaviour. The plaintiff alleges breach of this condition and pleads in para. 10 that the defendant has been guilty of conduct which is a nuisance and/or annoyance to occupiers of adjoining or neighbouring premises and continuously uses most abusive and filthy language and threats himself and by the members of his family and that he is liable to be ejected under Section 12 (1) (c) of the Calcutta Rent Ordinance of 1946. The notice to quit was given on 6th December 1947.

(2.) In the written statement, the defendant takes a number of pleas. It is denied that any condition of tenancy is broken. It takes the plea that the notice is invalid and there is also reference to say that the plaintiff exercised some kind of an undue influence. It is specifically denied in the written statement that the defendant ever ill-treated or abused the plaintiff or his agents,

(3.) The following issues were raised. (1) Were the conditions and terms of tenancy as pleaded in para. 9 of the plaint true ? (2) Was there any breach by the defendant as alleged in para. 10 of the plaint ? (3) Has the defendant been guilty of conduct amounting to nuisance and/or annoyance under Section 12 (1) (c) of the Calcutta Rent Ordinance of. 1946 ? (4) (a) Is the suit one in which non-compliance with the provisions of the Ordinance as to payment or deposit of rent has been taken as a ground for such eviction? (b) If so, is the suit maintainable without the Rent Controller's order in writing to institute such suit ? (5) Is the notice to quit valid and legal ? (6) To what reliefs, if any, is the plaintiff entitled?