PHANINDRA NATH DEY Vs. BHOLANATH BANERJEEE

JUDGEMENT

(1.) This is an appeal by the defendant from the decision of the learned Additional Subordinate Judge, Bankura affirming the decision of the learned Munsif, 1st Court, Bankura in Title Suit No. 92 of 1974 for ejectment of a premises tenant, arrears of rent and compensation.

(2.) The plaintiff brought the suit on 9-9-1974 alleging that the defendant was a monthly tenant in the suit premises comprising a drawing room and eastern portion of a covered verandah of the plaintiff's building in holding No. 315A of Lohar Moholla of Bankura Municipality at a monthly rent of Rs. 25/- per month payable according to Bengali Calendar month; that the defendant defaulted in payment of rent since Chaitra, 1377 B.S.; that the plaintiff reasonably requires the suit premises for his own occupation as owner; and that a valid notice of ejectment was served on the defendant by registered post on behalf of the plaintiff which the defendant refused to receive, terminating his tenancy on the expiry of Sraban, 1381 B.S.

(3.) The defendant filed a written statement denying the alleged grounds of ejectment and the service of the notice to quit.