KAMESWAR SINGH Vs. SAHADEB SINGH

JUDGEMENT

(1.) This is an appeal by the tenant defendant from the decision of the learned District Judge, Hooghly affirming the decision of the learned Munsif, Additional Court Serampore by which he has decreed the suit for ejectment and mesne profits. The plaintiff's case is that the: defendant was a monthly tenant in the suit premises comprising two sheds used for carrying on business in - selling meat in Sheoraphuli Hat at a monthly rent of Rs. 15| - payable according to Bengali calendar month, that the defendant defaulted in payment of rent sines Falgon 1376 B. S. and is not entitled to protection against eviction, that the plaintiff has decided to carry of! business in the suit premises and for that purpose to build and rebuild such premises, that the plaintiff through his lawyer sent notice of ejectment to the defendant by registered post with acknowledgement due to his normal address and it was redirected to his Wazirgunge address where the defendant had gone and where the defendant refused to receive the notice and so it came back with the remark "refused" and that the defendant was asked to vacate the suit premises by the said notice on the expiry of Kartic 1373 B.S., but he has not complied with the notice.

(2.) The defendant in his written statement has alleged that the notice of ejectment was nor redirected to his correct address, that he did not refuse to accept the notice and that the postal re mark of refusal on the cover is false. He has denied the alleged default and the bonafides of the alleged decision of the plaintiff to run business in the suit premises as well as the alleged requirement of the suit premises for building and rebuilding.

(3.) The learned Munsif has decreed the suit only on the ground of reasonable requirement of the plaintiff in respect of the suit premises for his own use and occupation to run meat business, The first appellate court has - agreed write that finding and affirmed the decree of the trial court.