MAHARAM ALI Vs. DINANATH PRASAD SHA

JUDGEMENT

(1.) This is an appeal by the defendant in a suit for recovery of possession of premises held under a tenancy governed by the West Bengal Premises Tenancy Act. 1956. The plaintiff's case is that the suit tenancy was according to calendar month of Hindi Sambal year and the rent was Rs. 13/-per month. The tenant was a defaulter in payment of rent since Baisakh 1372 Fasli year. The plaintiff also made a case of reasonable requirement for his own use and occupation and also for building and rebuilding.

(2.) By a notice dated 28th January, 1966 the tenancy was determined with the expiry of Hindi Fasli month of Falgoon 1373 (H. S.) and as the defendant did not deliver possession as required, a suit was instituted on 5th April, 1966.

(3.) The suit was contested by the defendant who filed a written statement denying that he was a defaulter. It was further stated that the rate of the rent was Rs. 10/-and he had been depositing the rent at through. The defendant also challenged the notice which according to him was not legal, valid or sufficient. It appears that on an application filed by the plaintiff under Section 17 (3) of the Act the learned Munsif by an order dated January 9. 1968 struck out the defence against the delivery of possession The suit thereafter was taken up for final hearing when one witness on behalf of the plaintiff was examined and cross-examined and the notice and postal issue and acknowledgment receipts were marked exts. as Exts. 1, 2 and 3 respectively. The learned Munsif by his judgment dated April 27, 1968 decreed the suit. In regard to issue No. 3 which related to the issue of default it was held that as the defence against delivery of possession was struck out this issue needed no further determination in this suit. The notice was found to be legal, valid and sufficient and duly served. Accordingly the suit was decreed. Other grounds for eviction, it appears, were not pressed.