NANDALAL KARMAKAR Vs. SUDHIRLAL DAS

JUDGEMENT

(1.) This application by the Plaintiff under 115 of the Code of Civil Procedure is for setting aside the order passed by the Judge, Eighth Bench, City Civil Court, Calcutta, in an ejectment suit instituted by the Plaintiff against the Defendant opposite party.

(2.) Facts leading up to the present application may briefly be stated.

(3.) The Petitioner instituted a suit for eviction of the Defendant from the suit premises on ground of default in payment of rent and also for reasonable requirements for his own use and occupation and for the purpose of building and rebuilding. The Plaintiff alleged that the Defendant was a monthly tenant in respect of the suit premises at a rental of Rs. 101 -88 P. payable according to English calendar month, which was determined by a notice to quit dated July 21, 1970.