BROHMANANDA DAS Vs. NAGENDRA CHANDRA SARKAR

JUDGEMENT

(1.) The defendant appellant was the tenant under the plaintiff respondent in respect of a part of the ground floor of premises No. 70-A Park Street on a monthly rental of Rs. 45/-. The tenancy was terminated by a notice to quit, dated 30th July, 1949, given by the plaintiff landlord, asking the defendant to quit and vacate on the expiry of the last day of August 1949. On 21st September 1949, the present suit for ejectment was filed before the learned Munsif, 2nd Court, Sealdah.

(2.) In the plaint an allegation was made substantially to the effect that the tenant was guilty of contravention of Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act 1882 and was, accordingly, not entitled to the protection of the Rent Control Law. The landlord claimed a decree for ejectment and mesne profits.

(3.) The suit was contested on various grounds of which only two are material for our present purpose. The first is that the notice to quit is insufficient and, therefore, bad in law as the tenancy being for manufacturing purposes could not be terminated by the notice to quit, given by the landlord, which was not a six month's notice as required by law. Secondly, the tenant denies that there has been any contravention on his part of any of the Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act to disentitle him to the benefits of Rent control Law. These are the only two points which have been argued by Mr. Chakravarti in support of his client's appeal.