AJIT KUMAR ROY Vs. SURENDRA NATH GHOSE

JUDGEMENT

(1.) This is an appeal by the defendant against a judgment and decree passed by Sri N. Banerjee, Subordinate Judge, 3rd Additional Court, Alipore, dated 11-8-1951.

(2.) The plaintiff respondent instituted a suit for ejectment of the defendant on the allegation that the defendant was his tenant in respect of premises No. 91, Rashbehari Avenue since May, 1942 at a rent of Rs. 275/- per month; that the defendant failed to pay the rent for the period, July to September, 1949 and hence his tenancy was ipso facto determined under Section 12(3), West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, that the plaintiff required the said premises bona fide for his own use and occupation. The plaintiff prayed for ejectment of the defendant, for a decree for arrears of rent and for damages at the rate of Rs. 15/- per diem since October, 1949, till delivery of possession. This suit was instituted on 6-1-1950, that is, at a time when the Rent Control Act of 1948 was in force.

(3.) The defendant filed a written statement denying that he had defaulted in payment of rent and stating that even if the defendant was a defaulter, the defendant's tenancy could only be determined by the service of a notice to quit and that the suit was not maintainable on this ground. He also pleaded that the plaintiff did not require the premises bona fide for his own use and occupation, and that the damages claimed were excessive.